OVERVIEW OF
NEW APPELLATE
DIVISION RULES
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TABLE OF CONTENTS
Tab
E-Filing Rules – Part 1245 ............................................... 1
General Formatting Requirements ................................... 2
AD1 Filing FAQ............................................................... 3
AD2 Technical Guidelines ............................................... 4
AD3 Formatting Guidelines ............................................. 5
AD4 E-File Quick Start Guide ......................................... 6
Statewide Practice Rules – Part 1250............................... 7
Rules of Practice, First Department – Part 600 ................ 8
Rules of Practice, Second Department – Part 670 ........... 9
Rules of Practice, Third Department – Part 850 ............ 10
Rules of Practice, Fourth Department – Part 1000 ........ 11
E-FILING RULES – PART 1245
Electronic Filing Rules of the Appellate Division
Approved by Joint Order of the Departments of the New York State
Supreme Court, Appellate Division
December 12, 2017
1245.1.
Definitions.
For purposes of this section:
(a) The term “NYSCEF” shall mean the New York State Courts Electronic Filing
System, and the “NYSCEF site” shall mean the New York State Courts Electronic Filing
System website located at www.nycourts.gov/efile.
(b) The phrase “authorized e-filer” shall mean a person who has registered as an
authorized e-filing user with the NYSCEF system pursuant to 22 NYCRR 202.5-b (c).
(c) Any reference to the “court” or the “Appellate Division” means the Appellate
Division of the Supreme Court of the State of New York for the Judicial Department
having jurisdiction over the cause or matter; any reference to the “clerk” means the clerk
of that court or a designee, unless the context of usage indicates the clerk of another
court.
(d) The word “cause” or “matter” includes an appeal, a special proceeding transferred to
the Appellate Division pursuant to CPLR 7804 (g), a special proceeding initiated in the
Appellate Division, and an action submitted to the Appellate Division pursuant to CPLR
3222 on a case containing an agreed statement of facts upon which the controversy
depends.
(e) The word “document” shall mean a brief, motion, application, record, appendix, or
any other paper relating to a cause or matter. “Document” shall not include
correspondence, other than letter applications.
(f) The phrase “electronically file” or “e-file” shall mean the filing and service of a
document in a cause or matter by electronic means through the NYSCEF site.
(g) The phrase “hard copy” shall mean a document in paper format.
(h) The phrase “exempt litigant” or “exempt attorney” shall mean, respectively, an
individual or attorney who is exempt from e-filing pursuant to section 1245.4 of this Part.
1245.2.
Designation of Case Types Subject to E-filing.
The court may designate e-filing in such cases and case types as it deems appropriate.
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1245.3.
Entry of Initial Information for Electronic Filing.
(a) Appeals or Transferred Matters – Entry of Contact Information. In any appeal or
transferred proceeding of a type designated by the Appellate Division for e-filing,
counsel for the appellant or the petitioner, unless an exempt attorney, shall within 14 days
of filing of a notice of appeal, or entry of an order granting leave to appeal, or entry of an
order transferring a matter to the Appellate Division:
(1) register or confirm registration as an authorized e-filer with NYSCEF; and
(2) enter electronically in NYSCEF such information about the cause and parties,
and e-file such documents, as the court shall require.
(b) Appeals or Transferred Matters – Service of Notice of Appellate Case or Docket
Number. In any matter described in subdivision (a), counsel for the appellant or the
petitioner, unless an exempt attorney, shall within seven days of receipt from the court of
an appellate case or docket number for the matter:
(1) serve upon all parties in hard copy as provided by CPLR 2103 notification of
that case or docket number, together with other pertinent information about the
case and such documents as the court shall require, on a form approved by the
Appellate Division; and
(2) e-file proof of service of this notification.
(c) Original Proceedings – Commencement by Electronic Filing. Unless an exempt
attorney, counsel for a petitioner commencing an original proceeding of a type designated
by the Appellate Division for e-filing shall:
(1) register or confirm registration as an authorized e-filer with NYSCEF;
(2) e-file the notice of petition (or order to show cause), petition and supporting
documents;
(3) obtain from the court a case or docket number for the matter; and
(4) serve upon all parties in hard copy as provided in CPLR 2103 and court rule
(i) the notice of petition (or order to show cause), petition and supporting
documents; and
(ii) on a form approved by the Appellate Division, notification of the case
or docket number; and
(5) e-file proof of service of the submissions specified in subsection (4).
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(d) Entry of Information by Respondents and Other Parties. Within 20 days of service of
the notification of the case or docket number as required in subdivision (b) or (c), counsel
of record to each other party to the matter, unless an exempt attorney, shall:
(1) register or confirm registration as an authorized e-filer with NYSCEF; and
(2) enter electronically in NYSCEF such contact information and additional
information as the court may require.
(e) Designation of Other Persons and Electronic Filing Agents.
(1) An authorized e-filer may designate another person to e-file a document on his
or her behalf using the authorized e-filer’s user identification and password, but
shall retain full responsibility for any such e-filed document.
(2) Designation of an electronic filing agent. An authorized e-filer may designate
another person or entity, including an appellate printer, to e-file documents on his
or her behalf as a filing agent if that agent is also an authorized e-filer. Such
filing agent shall e-file a statement of authorization, in a form approved by the
Appellate Division, prior to or together with the first e-filing in that action by the
agent. The principal authorized e-filer shall retain full responsibility for any
document e-filed by such filing agent.
1245.4.
Exemptions of Certain Persons from Electronic Filing.
(a) Personal Exemptions. The following persons are exempt from e-filing, and shall file,
serve and be served in hard copy:
(1) “exempt litigants,” who shall be unrepresented litigants other than litigants
who voluntarily participate in e-filing as set forth in subdivision (d); and
(2) “exempt attorneys,” who shall be attorneys who certify in good faith, on a
form provided by the Appellate Division, that they lack either (i) the computer
hardware and/or connection to the internet and/or scanner or other device by
which documents may be converted to an electronic format; or (ii) the requisite
knowledge in the operation of such computers and/or scanners necessary to
participate, pursuant to CPLR 2111 (b) (3) (A) or (B). Such certification shall be
served on all parties and filed with the court in hard copy.
(b) Notice of Hard Copy Filing. An exempt attorney shall include with each document
filed in hard copy in an e-filed matter a notice of hard copy filing on a form provided by
the court.
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(c) Entry of Information the Other Parties. The court may direct another party to scan
and upload documents filed in hard copy by an exempt attorney or exempt litigant, and to
enter additional case information in NYSCEF.
(d) Voluntary Participation. A pro se or unrepresented litigant may voluntarily
participate in e-filing in a cause or matter by:
(1) recording his or her consent electronically in the manner provided at the
NYSCEF site;
(2) registering as an authorized e-filer with the NYSCEF site, and entering case
and contact information about the particular cause; and
(3) e-filing documents as provided under this Part.
(e) Withdrawal of Consent. An unrepresented litigant who has consented to participate
voluntarily in e-filing in a matter may withdraw such consent at any time by filing and
serving on all parties a notice of intent to cease e-filing, on a form provided by the
Appellate Division.
1245.5.
Electronic Filing and Service.
(a) All authorized e-filers who have entered information for a particular cause as set
forth in sections 1245.3 (a), (c) or (d) or 1245.4 (d) of this Part shall thereafter e-file and
be served electronically in that matter.
(b) Prior to the expiration of the 20-day period for entry of information described in
section 1245.3 (d) of this Part, filing and service of documents by, and service upon,
parties who have not entered such information shall be in hard copy.
(c) Upon expiration of the 20-day period for entry of information described in section
1245.3 (d) of this Part, service and filing by and upon all parties other than exempt
attorneys and exempt litigants shall be by e-filing. Thereafter, an attorney who has
neither entered information nor given notice as an exempt attorney pursuant to section
1245.4 (a) (2) of this Part shall be deemed served with any e-filed document.
(d) At all times, service by and upon, and filing by, exempt attorneys and exempt
litigants shall be in hard copy. E-filers shall e-file proof of any service made in hard
copy.
(e) Site Instructions. Technical instructions for e-filing documents shall be set forth on
the NYSCEF site (www.nycourts.gov/efile).
(f) Formatting. In addition to compliance with the court’s general rules for document
formatting, e-filed documents filed pursuant to this Part shall comply with the formatting
requirements set forth in attachment A.
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1245.6.
Hard Copy Filing and Service.
(a) Filing of Additional Hard Copies.
(1) Unless otherwise directed by the court, authorized e-filers shall, in addition to
submitting electronic filings, file hard copies of documents as follows:
(i) appellate briefs, records, appendices, agreed statements in lieu of
record: one original and five copies.
(ii) papers in original proceedings, transferred proceedings, motions,
applications: such number as required by court rule in matters not subject
to e-filing.
(2) Authorized e-filers shall delay the filing of such additional hard copies of
documents until receipt of email notification that the clerk has reviewed and
approved the electronic version of the document, and shall file the hard copies
within two business days of such notification. A failure to file such additional
hard copies of documents shall cause the filing to be deemed incomplete.
(b) Filing of Unbound Copy of Documents by Exempt Attorneys and Exempt Litigants.
Exempt attorneys and exempt litigants filing and serving documents in hard copy shall
additionally file, together with the bound copy or copies of the document in such number
as required by court rule, a single unbound copy of the filing, containing no staples or
binding other than easily removable clips or rubber bands.
(c) Motions and Applications Seeking Emergency Relief. Where a motion or application
seeks interim or emergency relief, the court may permit the initial submissions of a party
or parties to be filed and served in hard copy, and e-filed thereafter. All such filings,
other than filings by an exempt litigant, shall be accompanied by a notice of hard copy
submission on a form approved by the Appellate Division.
(d) Technical Failure.
(1) If the NYSCEF site is subject to technical failure pursuant to 22 NYCRR
202.5-b (i), authorized e-filers shall file and serve documents in hard copy and efile those documents within three business days after restoration of normal
operations at that site.
(2) If an authorized e-filer is unable to e-file a document because of technical
problems with his or her computer equipment or internet connection, the e-filer
shall file and serve the document in hard copy, together with a notice of hard copy
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submission in a form approved by the Appellate Division, and shall e-file those
documents within three business days thereafter.
1245.7.
Timeliness of Filing and Service; Rejection by Clerk.
(a) Filing of E-filed documents. For purposes of timeliness under a statute or court rule
or directive, an e-filed document is deemed filed when:
(1) the document has been electronically transmitted to the NYSCEF site; and
(2) the appropriate fee, if any, has been paid to the court either through the
NYSCEF site or, where permitted, by delivery to the office of the Clerk.
(b) Service of E-filed Documents. Upon receipt of an e-filed document and appropriate
fee, if any, NYSCEF shall immediately notify all e-filers in the matter of the receipt and
location of the document. For purposes of timeliness of service under a statute or court
rule, at the issuance of such notification the document shall be deemed served upon all
parties other than exempt attorneys and exempt litigants.
(c) Rejection by the Clerk. An e-filed document deemed filed for purposes of timeliness
under this Part may thereafter be reviewed and rejected by the Clerk for any reason
provided by this Part or any applicable statute, rule or order, or as otherwise unsuitable
for filing.
(d) Hard Copy Filing or Service. The timeliness of service or filing in hard copy
pursuant to these rules shall be as provided by statute or court directive.
1245.8.
Confidentiality; Sealed Documents; Redaction.
E-filed matters deemed confidential by statute or court directive, as well as sealed
documents or documents that are the subject of an application to seal in an e-filed matter,
shall be filed and maintained on the NYSCEF site in a manner that precludes viewing by
the public and such other persons as the case may require. In all matters, authorized efilers shall attest to compliance with statutory redaction requirements (e.g., General
Business Law § 399-ddd) and relevant sealing requirements in filings.
1245.9.
Authorized Record; Scanning of Documents by Clerk.
(a) The court may deem documents e-filed or uploaded by the parties to be the official
record of a cause or matter.
(b) The clerk may scan and upload hard copy filings in a cause, and may deem such
uploaded documents to be the official record copy of the filing.
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1245.10.
Rejection of Non-Compliant Documents; Modification of Electronic Filing
Procedures.
(a) Rejection of Documents. The clerk may refuse to accept for filing or e-filing any
document that does not comply with this Part or any applicable statute, rule or order, or is
otherwise unsuitable for filing, and may direct that the document be refiled.
(b) Modification of Procedures. The court or its designee may at any time modify or
discontinue e-filing in a matter for good cause shown.
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GENERAL FORMATTING REQUIREMENTS
ATTACHMENT A
Formatting Requirements for Documents Electronically Filed
1. General. In addition to compliance with the court’s general rules for document formatting,
e-filed documents filed pursuant to this Part shall
a.
be identical in content to the hard copy;
b.
comply with text searchable PDF archival format (PDF/A);
c.
contain bookmarks linking the tables of contents of briefs and records to the
corresponding page of the document;
d.
be paginated to correspond to the hard copy; and
e.
be scanned at a resolution sufficient to ensure legibility.
2.
Multiple Volumes. Each volume of a multi-volume record or appendix shall be
submitted as a separate e-filed document.
3.
Corrections. Where the court directs filing of corrected documents, such corrected
documents shall be filed electronically and by hard copy.
4.
PDF Initial View. The “initial view” of a PDF shall be the Bookmarks Panel and Page.
5.
PDF File Size. E-filed documents shall each be no greater than 100MB in size.
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Please consult the electronic filing webpage of each Department of the Appellate
Division for additional information about these formatting requirements.
AD1 FILING FAQ
FREQUENTLY ASKED QUESTIONS
Electronic Filing in the Appellate Division, First Department
Q: What type of cases will be required to be electronically filed in the First Department?
A: Commencing on March 1, 2018, appeals in commercial matters originating in the Supreme
Court, Bronx and New York Counties.
Q: Must all commercial appeals be e-filed as of March 1, 2018?
A: E-filing requirements apply to (1) all commercial matters in which notices of appeal are filed
on or after March 1, 2018 and (2) those commercial matters in which a notice of appeal was filed
prior to March 1, 2018 and the appeal will be perfected on or after May 15, 2018.
E-filing is not required in matters in which the notice of appeal was filed prior to March 1, 2018
and the appeal is perfected prior to May 15, 2018.
Q: What are the initial documents that must be e-filed with the Court?
A: Counsel for appellant or an unrepresented litigant who voluntarily participates in e-filing is
required to enter the contact and other information requested, and e-file:
a. A copy of the notice of appeal;
b. A copy of the order or judgment appealed from; and
c. A copy of the informational statement (pre-argument statement).
Q: When should the initial information and documents be electronically filed?
A: Within 14 days of the filing of a notice of appeal for commercial matters in which notices of
appeal are filed on or after March 1, 2018.
In commercial matters in which the notice of appeal was filed prior to March 1, 2018 and the
appeal will be perfected on or after May 15, 2018, the 14-day period within which to file the initial
information and documents will be measured from March 15, 2018.
Q: What is the next step after I complete the initial entry of information?
A: Counsel for appellant or an unrepresented litigant who voluntarily participates in e-filing will
receive a “calendar number” from the Court. Within seven (7) days of receipt of the “calendar
number,” counsel for appellant or an unrepresented litigant who voluntarily participates in e-filing
must complete and serve in hard copy the Notification of Case Number and Other Pertinent
Information form on all the other parties and e-file proof of service of this notification.
Q: What am I required to do if I am served with a Notification of Case Number and Other Pertinent
Information?
A: Within 20 days of service, counsel for a party served with a Notification of Case Number and
Other Pertinent Information form is required to register or confirm registration as an e-filer in
NYSCEF and enter the contact information requested.
Q: What will happen if counsel for a respondent does not enter the initial information required
under Section 1245.3(d)?
A: After the 20-day period, an attorney who has not entered the information required under Section
1245.3 will be deemed served with any e-filed documents.
Q: Why does the Court require the entry of initial information for e-filing?
A: All authorized e-filers who have entered information for a particular matter as required under
22 NYCRR 1245.3 will be able to e-file and be served electronically in that matter.
Q: I am an unrepresented litigant; I do not have an attorney. Do I have to participate in e-filing?
A: An unrepresented litigant is exempt from and is not required to participate in e-filing. He or she
must be served in hard copy.
An unrepresented litigant may voluntarily participate in e-filing.
Q: If I am an unrepresented litigant and want to participate in e-filing in a matter, what must I do?
A: An unrepresented litigant may voluntarily participate in e-filing by electronically recording his
or her consent at the NYSCEF site, registering as an authorized e-filer with NYSCEF, entering the
case and contact information about the matter, and e-filing a copy of the notice of appeal, the
judgment or order appealed from and the informational statement (pre-argument statement) as
required by the rules.
Q: May an attorney be exempt from e-filing?
A: An attorney who certifies in good faith, on the form provided by the Court, that he or she lacks
either (1) the computer hardware and/or connection to the internet and/or scanner or other device
by which documents may be converted to a digital format; or (2) the requisite knowledge in the
operation of such computers and/or scanners necessary to participate, will be exempt. The
certification has to be served on all parties and filed with the Court in hard copy.
Q: Does the Court require hard copies of e-filed records, appendices and briefs?
A: Yes. Hard copies must be filed within two (2) business days after notification by the clerk that
an electronic version of a document has been reviewed and accepted.
Q. How many hard copies of the record or appendix and brief must be filed with the Court?
A. The parties must file one original and five copies of a record, appendix and brief.
Q. Will the Court permit a motion to be electronically filed?
A. Yes. Motions may be electronically filed in commercial matters.
Q: Does the Court require hard copies of e-filed motions?
A: Yes. One hard copy of an e-filed motion must be filed with the Court within two business days
of receipt of email notification that the clerk has reviewed and approved the electronic version of
the motion.
Q: I want to file an interim relief application. Will the Court permit the initial submission to be
filed and served in hard copy?
A: Yes, the Court will permit interim relief application to be initially filed in hard copy and e-filed
thereafter. If an interim application is initially filed in hard copy, it must be accompanied by a
notice of hard copy submission on the form provided by the Court.
Section 202.70 Rules of the Commercial Division of the Supreme Court
(a) Monetary thresholds
Except as set forth in subdivision (b), the monetary thresholds of the Commercial Division, exclusive
of punitive damages, interests, costs, disbursements and counsel fees claimed, are established as
follows:
Albany County
$50,000
Eighth Judicial District
$100,000
Kings County
$150,000
Nassau County
$200,000
New York County
$500,000
Onondaga County
$50,000
Queens County
$100,000
Seventh Judicial District
$50,000
Suffolk County
$100,000
Westchester County
$100,000
(b) Commercial cases
Actions in which the principal claims involve or consist of the following will be heard in the
Commercial Division provided that the monetary threshold is met or equitable or declaratory relief is
sought:
(1) Breach of contract or fiduciary duty, fraud, misrepresentation, business tort (e.g., unfair
competition), or statutory and/or common law violation where the breach or violation is alleged to
arise out of business dealings (e.g., sales of assets or securities; corporate restructuring;
partnership, shareholder, joint venture, and other business agreements; trade secrets; restrictive
covenants; and employment agreements not including claims that principally involve alleged
discriminatory practices);
(2) Transactions governed by the Uniform Commercial Code (exclusive of those concerning
individual cooperative or condominium units);
(3) Transactions involving commercial real property, including Yellowstone injunctions and excluding
actions for the payment of rent only;
(4) Shareholder derivative actions -- without consideration of the monetary threshold;
(5) Commercial class actions -- without consideration of the monetary threshold;
(6) Business transactions involving or arising out of dealings with commercial banks and other
financial institutions;
(7) Internal affairs of business organizations;
(8) Malpractice by accountants or actuaries, and legal malpractice arising out of representation in
commercial matters;
(9) Environmental insurance coverage;
(10) Commercial insurance coverage (e.g. directors and officers, errors and omissions, and business
interruption coverage);
(11) Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships
and joint ventures -- without consideration of the monetary threshold; and
(12) Applications to stay or compel arbitration and affirm or disaffirm arbitration awards and related
injunctive relief pursuant to CPLR Article 75 involving any of the foregoing enumerated commercial
issues. Where the applicable arbitration agreement provides for the arbitration to be heard outside
the United States, the monetary threshold set forth in section 202.70(a) shall not apply.
(c) Non-commercial cases
The following will not be heard in the Commercial Division even if the monetary threshold is met:
(1) Suits to collect professional fees;
(2) Cases seeking a declaratory judgment as to insurance coverage for personal injury or property
damage;
(3) Residential real estate disputes, including landlord-tenant matters, and commercial real estate
disputes involving the payment of rent only;
(4) Home improvement contracts involving residential properties consisting of one to four residential
units or individual units in any residential building, including cooperative or condominium units;
(5) Proceedings to enforce a judgment regardless of the nature of the underlying case;
(6) First-party insurance claims and actions by insurers to collect premiums or rescind noncommercial policies; and
(7) Attorney malpractice actions except as otherwise provided in paragraph (b)(8).
AD2 TECHNICAL GUIDELINES
E-Filing in the Appellate Division, Second Judicial Department
Technical Guidelines
Attachment A to the Electronic Filing Rules of the Appellate Division (22 NYCRR
Part 1245) contains a list of formatting requirements for documents electronically filed.
In addition to those requirements, the Second Department offers the following
guidelines, which should be followed to the extent practicable.
Bookmarking in Briefs: All electronically-filed briefs should contain bookmarks
to the authorities cited in those briefs. Those bookmarks should take the reader to a
copy of the cited authority, that is, the case, statute or rule, which will be part of the brief
submitted. Those authorities are not considered to be part of the formal record on
appeal.
Resolution: To ensure the highest quality resolution, filers should, when
practicable, use documents which are exported or electronically converted from word
processed documents, rather than scanned documents. When such conversion is not
possible, documents shall be scanned at 300 dots per inch (DPI) resolution and in black
and white only, unless color is required to protect the evidentiary value of the document.
PDF Size: Appellate Division e-filing rules require that electronically filed PDFs
not exceed 100MB in size. All PDFs should be reduced and optimized, using file
compression software, before they are e-filed, to ensure that the smallest sized PDFs
possible are filed.
Hard Copy Filings: In addition to submitting electronic filings, authorized e-filers
shall submit hard copy filings as follows: (1) an original plus five copies of appellate
briefs, records, and appendices (see 22 NYCRR 1245.6[a][1][i]), and (2) the original of
papers filed in original proceedings and in connection with motion practice (see 22
NYCRR 1245.6[a][1][ii]).
Entry of Initial Information: Pursuant to section 1245.3(a) of the Electronic
Filing Rules of the Appellate Division, counsel for the appellant or the petitioner, unless
an exempt attorney, shall, within the designated time period, register or confirm
registration as an authorized e-filer with NYSCEF, follow the prompts to enter the
required information in the NYSCEF system, and electronically file such documents “as
the court shall require” (22 NYCRR 1245.3[a][2]). The Second Department requires the
electronic filing of the notice of appeal, with proof of filing, the order or judgment
appealed from, and an informational statement. The Court is in the process of
designing an informational statement which is user-friendly and meets our needs. Until
that form is finalized and posted on our website, filing of a completed Request for
Appellate Division Intervention will serve to meet the requirements of this rule.
AD3 FORMATTING GUIDELINES
FORMATTING SPECIFICATIONS AND GUIDELINES
FOR ELECTRONICALLY FILED DOCUMENTS
______________________________________________________________________________
All documents electronically filed (e-filed) in the Appellate Division, Third Department shall comply with
the formatting requirements set forth below. Adhering to the guidelines for documents filed via the New
York State Courts Electronic Filing System (NYSCEF) will facilitate approval and acceptance in a timely
fashion. Failure to comply with the requirements may result in the return of the document and necessitate
refiling.
1. FORMAT: Each e-filed document shall be in a "portable document file" (PDF) format.
Q: Are Word or WordPerfect documents acceptable?
A: NO; the only documents that will be accepted are those in "portable document file" (PDF) format,
PDF/A compliant.
Q: How can I create a PDF of my document for e-filing?
A: PDF documents can be created using standard word processing programs (MS Word®,
WordPerfect®, etc.). PDFs may also be created from paper documents processed through an optical
scanner, but the result is a larger electronic file than those created by the programs just mentioned and
will take longer to upload (unless the document is compressed or flattened). Usually word processing
programs do not create PDF/A compliant documents by default. There is an additional setting or check
box to create a PDF/A document. Check your software manual for details.
2. PDF/A COMPLIANT: PDFs shall be certified "PDF/A" compliant. PDF/A format is a PDF ISO
standardized format that supports archiving of files for future use. It allows files to be opened by any
software or operating system without losing its format, color, hypertext or fonts.
3. TEXT SEARCHABILITY: All PDFs shall be text searchable. Documents created with word
processing programs such as MS Word® and WordPerfect® can be easily converted to text searchable
PDFs. For documents that need to be scanned, there are numerous optical character recognition ("OCR")
software that can convert image-only PDF files into searchable PDFs. Documents that will not carry an
expectation of being text-searchable are: handwritten documents, photographs, portions of documents
that contain charts, graphics, signatures or handwritten items. To ensure high quality PDFs, filers should
always choose, when available, electronically converted documents using word processing programs
rather than scanned documents to create PDFs. If changes are made to a text-searchable PDF, the process
of making it text-searchable MUST be redone.
Q: How do I know if my PDF is text-searchable?
A: Try to search your PDF using the Ctrl + F keys within your document and search for a word you
know is present. If "no matches were found," your PDF is not text-searchable. Searchable PDFs may
be created using most word processing programs. Check your software manuals for more information.
4. RESOLUTION: PDFs shall be scanned at 300 dots per inch (DPI) resolution and in black and white
only, unless color is required to protect the evidentiary value of the document. Filers are responsible for
ensuring that scanned documents are legible.
5. PDF SIZE: PDFs shall not exceed 100 megabytes (100mb) in size. PDFs bigger than 100 mb will be
automatically rejected by NYSCEF. As a common practice, all PDFs should be reduced and optimized
(using file compression software) before they are e-filed to ensure the smallest sized PDFs possible.
PDFs that contain large numbers of images, graphics or excess lines and marks will increase the file size
considerably regardless of the number of pages in the PDF.
6. HARD COPIES: PDFs and their corresponding hard copies filed with the Court shall be identical in
content. If any correction to an already e-filed PDF is required by the Court, it is the filer's responsibility
to e-file the corrected PDF via NYSCEF and make certain that the hard copy that is refiled mirrors the
CORRECTED PDF.
7. BOOKMARKING: PDFs shall contain bookmarks (clickable table of contents) that mirror the Table
of Contents of the document (labeling each heading and subheading) and link to the location
associated with that bookmark. PDFs that contain skeletal bookmarks (i.e., missing headings),
minimal Table of Contents or no bookmarks will be returned for correction.
Bookmarking in multiple volumes: only those bookmarks pertaining to the volume at hand need
be shown; however, if, for example, an exhibit starts in the first volume and continues in the second
volume, a bookmark stating continuation is required in the second volume.
Q: What are bookmarks? Why are they required on all e-filed records and briefs? How are
they created?
A: Bookmarking a PDF is a navigational tool, a clickable Table of Contents, that allows the
reader to quickly link to important headings/documents/points within the document. The
bookmarks should mirror the Table of Contents of the hard copy.
Bookmarks can be manually added to a PDF using software such as Adobe Acrobat® (not
Reader) and Foxit® (free) or automatically on documents created using word processing
programs such as Word® and WordPerfect®.
8. PDF PAGINATION: The page number of the scanned pages of a PDF document shall correlate
with the page counter of the PDF. For example, the first page of a record is the "COVER,"
followed by the "Table of Contents" (often labeled i, ii, iii, etc). For these pages (and those which
may include a number AND letter), the default page numbering should be changed accordingly so
that both the document page and page counter are identical.
Q: What is the requirement regarding "Pagination" of a PDF?
A: The numeration setting on a PDF defaults to numbers beginning with 1. However, the page
number of a PDF must correlate with the page counter of the PDF.
9. MULTI-VOLUME RECORD/APPENDIX: Each volume of a multi-volume record or appendix
shall be e-filed in separate PDFs. For example, a three-volume record shall have three separate
PDFs and shall not be combined into one PDF. Further, the appendix and brief should not be
combined into one PDF unless the appendix and brief are combined together in the hard copy.
AD4 E-FILE QUICK START GUIDE
E-FILE QUICK START GUIDE
SUPREME COURT • APPELLATE DIVISION • FOURTH DEPARTMENT
AD4.NYCOURTS.GOV/EFILE
RULES 22 NYCRR PART 1245
CASE TYPES
ad4.nycourts.gov/rules
Mandatory for all appeals in matters originating in, or transferred to, the
Commercial Division of Supreme Court. 1245.2
FORMS
Visit ad4.nycourts.gov/efile for a comprehensive listing of categories
designated for e-filing and dates of expansion.
Available for Download:
 Notification of Case Number
FIRST STEP: INITIAL FILING
 Authorize or Revoke a Filing Agent
 Attorney Exemption Certification
1. REGISTER AT THE NYSCEF SITE
 Hard Copy Submission
Attorneys may utilize their Attorney Online Services account.
EXEMPTIONS
Unrepresented litigants and other individuals may create the
appropriate account: ad4.nycourts.gov/efile/register
Unrepresented Litigants are
exempt from e-filing but may
voluntarily participate. 1245.4(a)(1)
Attorneys without necessary
equipment or requisite
knowledge may certify they are
exempt. 1245.4(a)(2)
Emergency Relief initial
submissions may be filed and
served in hard copy. 1245.6(c)
Technical Failure of your
equipment or the NYSCEF site
may temporarily exempt you from
e-filing. 1245.6(d)
2. REQUEST A DOCKET NUMBER by E-Filing a Copy of the Notice of
Appeal within 14 days of filing with the lower court and entering
information about the matter. 1245.3
3. SERVE A NOTIFICATION OF DOCKET NUMBER upon all parties in
hard copy and e-File proof of service. 1245.5
RESPONDENTS HAVE 20 DAYS
Within 20 days of being served the notification of docket number you
must register and enter your contact information. 1245.3(d)
During this time, service of documents by, and service upon, parties who
have not yet entered such information shall be in hard copy. 1245.5(b)
PAGE 2
ELECTRONIC FILING OF DOCUMENTS
HARD COPIES
Documents include any brief, motion, application, record, appendix, or
any other paper relating to a cause or matter.
Generally, one original and five
copies of briefs, records,
appendices and statements in
lieu of records must be filed.
1. PREPARE YOUR DOCUMENTS FOR FILING
Content and Form of documents are governed by the Rules of the
Appellate Division Fourth Department: ad4.nycourts.gov/rules
The Electronic Version must (a) be identical in content to the hard copy
(b) be saved as a text-searchable PDF/A (c) open to a bookmarked table
of contents (d) be paginated to correspond to the hard copy (e) be at a
resolution sufficient to ensure legibility. 1245 Attachment A
Sensitive Information contained in documents not sealed should be
redacted before the document is filed. 1245.8
1245.6(a)(1)
An additional unbound hard copy
must be filed for any document
exempt from e-filing. 1245.6(b)
Service must be done by, and
upon, any party exempt from efiling. 1245.5
2. E-FILE THE ELECTRONIC VERSION
Upload the document to NYSCEF and pay any applicable fee.
The clerk may refuse to accept any document that is unsuitable for filing
as defined by applicable rule or statute. 1245.10
3. FILE THE HARD COPIES WITHIN 2 BUSINESS DAYS upon receipt of
acceptance of e-filed documents. 1245.6(a)(2)
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@NYAPPDIV4
This publication is intended to guide you to related court rules and practice aids. It is your responsibility to review all
available materials to ensure full compliance with applicable rules and laws.
STATEWIDE PRACTICE RULES – PART 1250
Practice Rules of the Appellate Division
Approved by Joint Order of the Departments of the New York State
Supreme Court, Appellate Division
December 12, 2017
(Revised June 29, 2018)
Part 1250
1250.1 General Provisions and Definitions
(a) Unless the context requires otherwise, as used in this Part:
(1) The word “cause” or “matter” includes an appeal, a special proceeding transferred to
the Appellate Division pursuant to CPLR 7804 (g), a special proceeding initiated in the
Appellate Division, and an action submitted to the Appellate Division pursuant to CPLR 3222 on
a case containing an agreed statement of facts upon which the controversy depends.
(2) Any reference to the “court” or the “Appellate Division” means the Appellate
Division of the Supreme Court of the State of New York for the Judicial Department having
jurisdiction over the cause or matter; any reference to a “justice” means a justice of that court;
any reference to the “clerk” means the clerk of that court or a designee, unless the context of
usage indicates the clerk of another court.
(3) Wherever reference is made to a “judgment,” “order” or “determination,” it shall also
be deemed to include a sentence.
(4) The word “consolidation” refers to the combining of two or more causes arising out
of the same action or proceeding in one record or appendix and one brief.
(5) The phrase “cross appeal” refers to an appeal taken by a party whose interests are
adverse to a party who previously appealed from the same order or judgment as relates to that
appeal and cross appeal.
(6) The word “concurrent,” when used to describe appeals, shall refer to those appeals
which have been taken separately from the same order or judgment by parties whose interests are
not adverse to one another as relates to those appeals.
(7) The word “appellant” shall refer to the party required to file the initial brief to the
court in a cause or matter, including an appellant, a petitioner, an appellant-respondent and
similar parties.
(8) The term “NYSCEF” shall mean the New York State Courts Electronic Filing System
and the “NYSCEF site” shall mean the New York State Courts Electronic Filing System website
located at www.nycourts.gov/efile.
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(9) The phrase “filed electronically,” when used to describe submissions to a court, shall
refer to documents that have been filed by electronic means through the NYSCEF site.
(10) The phrase “electronic means” shall mean any method of transmission of
information between computers or other machines, other than facsimile machines.
(11) The phrase “hard copy” shall mean a document in paper format.
(12) The phrase “digital copy” shall mean a document in text-searchable portable
document format and otherwise compliant with the technical requirements established by the
court.
(b) Number of Justices. When a cause is argued or submitted to the court with four justices
present, it shall, whenever necessary, be deemed submitted also to any other duly qualified
justice of the court, unless objection is noted at the time of argument or submission.
(c) Filing and Service; Weekends and Holidays.
(1) Filing
(i) Electronic filing. For the purpose of meeting deadlines imposed by court rule,
order, or statute, all records on appeal, briefs, appendices, motions, affirmations and other
submissions filed electronically will be deemed filed as of the time copies of the
submissions are transmitted to the NYSCEF site. The filing of additional hard copies of
such electronic filings pursuant to court rules shall not affect the timeliness of the filing.
(ii) Hard copy filing. For the purpose of meeting deadlines imposed by court rule,
order or statute, all records on appeal, briefs, appendices, motions, affirmations and other
submissions not filed electronically will be deemed filed as of the time hard copies of the
submissions are received and stamped by the office of the clerk.
(iii) A document deemed filed for purposes of timeliness under this rule may
thereafter be reviewed and rejected by the clerk for failure to comply with any applicable
statute, rule or order.
(2) Proof of Service. All hard copy filings shall be accompanied by proof of service upon
all necessary parties pursuant to CPLR 2103.
(3) Service by Mail and Overnight Mail. If a period of time prescribed by this Part is
measured from the service of a record, brief or other submission and service is by mail, five days
shall be added to the prescribed period. If service is by overnight delivery, one day shall be
added to the prescribed period.
(4) Service by Electronic Mail Upon Consent. Unless otherwise directed by the court,
parties in matters not subject to e-filing may agree, in writing, to service of submissions by
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electronic mail. A copy of any such agreement shall be filed with the court with the affidavit of
service.
(5) Weekends and Holidays. If a period of time prescribed by this Part for the
performance of an act ends on a Saturday, Sunday or court holiday, the act will be deemed
timely if performed before the close of business on the next business day.
(d) Signing of documents. The original of every hard copy document submitted for filing in the
office of the clerk of the court shall be signed in ink in accordance with the provisions of section
130-1.1-a (a) of this Title. Copies of the signed original shall be served upon all parties to the
matter and shall be filed in the office of the clerk whenever multiple copies of a submission are
required to be served and filed in accordance with the provisions of this Part. Documents filed
electronically shall be signed in accordance with the provisions of the Appellate Division Rules
for Electronic Filing.
(e) Confidentiality and Sealing.
(1) Records, briefs and other submissions filed in matters deemed confidential by law
shall not be available to the public except as provided by statute or rule.
(2) Appeals and proceedings that are confidential by law include, but are not limited to:
(i) Matters arising pursuant to the Family Court Act (Family Court Act § 166).
(ii) Matrimonial actions and proceedings (Domestic Relations Law § 235; CPLR
105 [p]).
(iii) Adoption proceedings (Domestic Relations Law § 114).
(iv) Youthful offender adjudications (CPL 720.35 [2]; 725.15).
(v) Proceedings pursuant to article 6 of the Social Services Law (Social Services
Law § 422 [4] [a]).
(vi) In criminal matters not otherwise confidential, records of grand jury
proceedings (CPL 190.25 [4]), grand jury reports (CPL 190.85) and presentence reports
and memoranda (CPL 390.50).
(vii) Proceedings pursuant to Civil Rights Law § 50-b.
(viii) Proceedings pursuant to Judiciary Law § 90 (10).
(3) Applications for sealing and unsealing court records shall be made by motion, upon
good cause shown.
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(4) In a civil cause, documents that are subject to an existing sealing order from another
court shall remain subject to such order, except as otherwise ordered by the Appellate Division.
(f) Appellate Division Numbers. All documents filed with the court shall prominently display
the name of the court of original instance, the index number or indictment number of the case in
such court, if any, and any number assigned by the Appellate Division.
(g) Rejection for Noncompliance. The clerk may reject any submission that does not comply
with this Part, is incomplete, is untimely, is not legible, or fails to comply with any applicable
statute, rule or order. The court may waive compliance by any party with any provision of this
Part.
(h) Sanctions. An attorney or party who fails to comply with a rule or order of the court or who
engages in frivolous conduct shall be subject to such sanction as the court may impose. The
imposition of sanctions and costs may be made upon motion or upon the court's own initiative,
after a reasonable opportunity to be heard. The court may impose sanctions and/or costs upon a
written decision setting forth the conduct on which the imposition is made.
(i) Electronic Filing Rules. The rules of this Part shall be read in conjunction with the Electronic
Filing Rules of the Appellate Division (22 NYCRR Part 1245). Where there is a conflict
between this Part and Part 1245 in an appellate e-filed matter, Part 1245 shall control.
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1250.2 Settlement or Withdrawal of Motion, Appeal or Proceeding; Notice of Change in
Circumstances
(a) Withdrawal of Motion. A moving party may file a written request to withdraw a motion at
any time prior to its determination.
(b) Withdrawal or Discontinuance of Appeal or Proceeding.
(1) Unperfected appeals, or proceedings where issue has not been joined, may be
withdrawn and discontinued by letter application to the court, with service on all parties.
(2) An appeal that has been perfected or a proceeding where issue has been joined may be
withdrawn and discontinued by leave of the court upon the filing with the court of a written
stipulation of discontinuance signed by the parties or their attorneys and, in criminal appeals, by
the appellant personally. Absent such a stipulation, an appellant may move for permission to
withdraw such an appeal or proceeding. An appeal that has been perfected in the Second
Judicial Department and in which no respondent’s brief has been filed may be withdrawn by
letter application to the court, with service on all parties.
(c) Notice of Change of Circumstances. The parties or their attorneys shall immediately notify
the court when there is a settlement of a matter or any issue therein or when a matter or any issue
therein has been rendered moot. The parties or their attorneys shall likewise immediately notify
the court if the cause should not be calendared because of the death of a party, bankruptcy or
other appropriate event. Any such notification shall be followed by an application for
appropriate relief. Any party or attorney who, without good cause shown, fails to comply with
the requirements of this subdivision may be subject to the imposition of sanctions.
1250.3 Initial Filings; Active Management of Causes; Settlement or Mediation Program
(a) Initial Filings. Unless the court shall direct otherwise, in all civil matters counsel for the
appellant or the petitioner shall file with the clerk of the court of original instance and serve on
all parties, together with the notice of appeal or transfer order and the order or judgment
appealed from, an initial informational statement on a form approved by the court and in such
number as the court may direct. The clerk of the court from which the appeal is taken shall
promptly transmit to the Appellate Division the informational statement and a copy of the notice
of appeal or order granting leave or transferal and the order or judgment appealed from.
(b) Active Management. The court may direct that any matter be actively managed and may set
forth a scheduling order specifying the time and manner of expedited briefing.
(c) Settlement or Mediation Program.
(1) The court may issue a notice in any settlement or mediation program directing the
attorneys for the parties, the parties themselves (unless the court excuses a party's personal
presence), and such additional parties in interest as the court may direct to attend a conference
before such person as it may designate to consider settlement, the limitation of issues and any
5
other matter that such person determines may aid in the disposition of the appeal or resolution of
the action or proceeding. Attorneys and representatives who appear must be fully familiar with
the action or proceeding, and must be authorized to make binding stipulations or commitments
on behalf of the party represented.
(2) Counsel to any party may apply to the court by letter at any time requesting such a
conference. The application shall include a brief statement indicating why a conference would
be appropriate.
(3) Upon the failure of any party, representative or counsel to appear for or participate in
a settlement or mediation conference, or to comply with the terms of a stipulation or order
entered following such a conference, the party or counsel may be subject to sanctions.
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1250.4 Motions
(a) General.
(1) Day and time returnable. Unless otherwise required by statute, rule or order of the
court or any justice thereof, every motion and every proceeding initiated in the court shall be
made returnable at 10:00 a.m. on any Monday (or, if Monday is a legal holiday, the first business
day of the week), and on such other days as the court may direct.
(2) Commencement; filing. All motions initiated by notice of motion shall be filed with
the clerk at least one week before the return date. The originals of all such submissions shall be
filed, together with proof of service upon all parties entitled to notice. Motions by any other
method shall be as directed by the court or a justice thereof.
(3) The submissions in support of every motion made before the appeal is determined
shall include a copy of the order, judgment or determination sought to be reviewed, the decision,
if any, and the notice of appeal or other document which first invoked the jurisdiction of the
court, with proof of filing.
(4) Notice and service of documents. Unless otherwise directed by the court, a motion
shall be served with sufficient notice to all parties as set forth in CPLR 2103. In computing the
notice period, the date upon which service is made shall not be included.
(5) Answering and reply documents, if any, shall be served within the time prescribed by
CPLR 2214 (b) or directed by a justice of the court. The originals thereof with proof of service
shall be filed by 4:00 p.m. of the business day preceding the day on which the motion is
returnable, unless, for good cause shown, they are permitted to be filed at a later time.
(6) Cross motions. Cross motions shall be made returnable on the same date as the
original motion. A cross motion shall be served, either personally, by overnight delivery service
or by electronic means, and filed at least three business days before the return date.
(7) Motions shall be deemed submitted on the return date, and no further documents shall
be accepted for filing without leave of the court upon written application.
(8) Oral argument. Oral argument of motions is not permitted.
(9) One adjournment, for a period of 7 or14 days, shall be permitted upon written consent
of the parties to the appeal, filed no later than 10:00 a.m. on the return date.
(b) Motions or Applications Which Include Requests for Interim Relief.
(1) An application or order to show cause presented for signature that includes a request
for a temporary stay or other interim relief pending determination of a motion, or an application
pursuant to CPLR 5704, shall be presented in person unless the court excuses such appearance,
and shall state, among other things:
7
(i) the nature of the motion or proceeding;
(ii) the specific relief sought; and
(iii) the names, addresses, telephone numbers and (where known) email addresses
of the attorneys and counsel for all parties in support of and in opposition to the motion
or proceeding.
(2) Notice. The party seeking relief as provided in this subdivision shall give reasonable
notice to his or her adversary of the day and time when, and the location where, the application
or order to show cause will be presented and the relief (including interim relief) being requested.
The application or order to show cause shall be accompanied by an affidavit or affirmation
stating the time, place and manner of such notification; by whom such notification was given; if
applicable, reasons for the non-appearance of any party; and, to the extent known, the position
taken by the opposing party.
(3) Response. Unless otherwise ordered by the court, all submissions in opposition to
any motion or proceeding initiated by an application or order to show cause shall be filed with
the clerk at or before 10:00 a.m. on the return date, and shall be served by a method calculated to
place the movant and other parties to the motion in receipt thereof on or before that time. The
originals of all such submissions shall be filed with the court. On the return date the motion or
proceeding will be deemed submitted to the court without oral argument.
(4) Reply. Reply submissions shall be permitted only by leave of the court.
(c) Permission to Appeal to the Appellate Division in a Civil Matter.
(1) When Addressed to a Justice.
(i) An application to a justice of the court for permission to appeal pursuant to
CPLR 5701 (c) shall be made within the time prescribed by CPLR 5513.
(ii) The submissions upon which such an application is made shall state whether
any previous application has been made and, if so, to whom and the reason given, if any,
for any denial of leave or refusal to entertain the application.
(2) When Addressed to the Court.
(i) Where leave of the court is required for an appeal to be taken to it, the
application for such leave shall be made in the manner and within the time prescribed by
CPLR 5513 and 5516.
(ii) The submissions upon which an application for leave to appeal is made shall
include a copy of the order or judgment and decision, if any, of the court below, a concise
statement of the grounds of alleged error and a copy of the order of the lower court
denying leave to appeal, if any.
8
(3) Motions for leave to appeal from an order of the Appellate Term.
(i) Where applicable, motions pursuant to CPLR 5703 for leave to appeal from an
order of the Appellate Term shall be made only after a denial of a motion for leave to
appeal made at the Appellate Term.
(ii) Such motions shall include a copy of the decisions, judgments, and orders of
the lower courts, including: a copy of the Appellate Term order denying leave to appeal;
a copy of the record in the Appellate Term if such record shall have been printed or
otherwise reproduced; and a concise statement of the grounds of alleged error. If the
application is to review an Appellate Term order which either granted a new trial or
affirmed the trial court's order granting a new trial, the application shall also include the
applicant's stipulation consenting to the entry of judgment absolute against him or her in
the event that the Appellate Division should affirm the order appealed from.
(d) Poor Person Relief.
(1) All matters. An affidavit in support of a motion for permission to proceed as a poor
person, with or without a request for assignment of counsel, shall set forth the amount and
sources of the movant's income; that the movant is unable to pay the costs, fees and expenses
necessary to prosecute or respond in the matter; whether trial counsel was assigned or retained;
whether any other person is beneficially interested in any recovery sought and, if so, whether
every such person is unable to pay such costs, fees and expenses; and such other information as
the court may require.
(2) Civil Matters.
(i) In a civil appeal or special proceeding, an affidavit in support of a motion for
permission to proceed as a poor person shall, in addition to meeting the requirements of
section 1250.4(d)(1) of this Part, set forth sufficient facts so that the merit of the
contentions can be ascertained (CPLR 1101 [a]). This subdivision has no application to
appeals described in Family Court Act §1120(a), SCPA 407(1) and Judiciary Law §
35(1).
(ii) Applicants for poor person relief in civil matters shall comply with the service
requirements of CPLR 1101(c).
(3) Family Court Matters
(i) In appeals pursuant to the Family Court Act, in lieu of a motion, an application
for either permission to proceed as a poor person or for permission to proceed as a poor
person and assignment of counsel may be made by trial counsel assigned pursuant to
Family Court Act § 262 by filing with the clerk a certification of continued indigency and
continued eligibility for assignment of counsel pursuant to Family Court Act § 1118.
9
(ii) Counsel shall attach to the certification a copy of the order from which the
appeal is taken, together with the decision, if any, and a copy of the notice of appeal with
proof of service and filing.
(4) Criminal Matters. In a criminal appeal not otherwise addressed in section 1250.11(a)
of this Part, an affidavit in support of a motion for permission to proceed on appeal as a poor
person shall, in addition to meeting the requirements of section 1250.4(d)(1), set forth the
following: the date and county of conviction; whether the defendant is at liberty or in custody;
the name and address of trial counsel; whether trial counsel was appointed or retained and, if
retained, the source of the funds for such retention and an explanation as to why similar funds are
not available to retain appellate counsel; whether the defendant posted bail during the trial
proceedings; and, if bail was posted and the defendant is currently in custody, an explanation as
to why the funds used to post such bail are not available to retain appellate counsel.
(e) Admission Pro Hac Vice. An attorney and counselor-at-law or the equivalent may apply for
permission to appear pro hac vice with respect to a particular matter pending before the court
pursuant to 22 NYCRR 520.11 by providing an affidavit stating that the applicant is a member in
good standing in all the jurisdictions in which the applicant is admitted to practice and that the
applicant is associated with a member in good standing of the New York bar, which member
shall be the attorney of record in the matter. The applicant shall attach to the affidavit an original
certificate of good standing from the court or other body responsible for regulating admission to
the practice of law in the state in which the applicant maintains his or her principal office for the
practice of law. The New York attorney of record in the matter shall provide an affirmation in
support of the application.
(f) Leave to File Amicus Curiae Brief. A person or entity who is not a party to an appeal or
proceeding may make a motion to serve and file an amicus curiae brief. An affidavit or
affirmation in support of the motion shall briefly set forth the issues to be briefed and the
movant's interest in the issues, and shall include such number of copies of the proposed brief as
the court requires. The proposed brief may not duplicate arguments made by a party to the
appeal or proceeding. Unless permitted by the court, a person or entity granted permission to file
an amicus curiae brief shall not be entitled to oral argument.
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1250.5 Methods of Perfecting Causes
(a) Unless the court directs that a cause be perfected in a particular manner, an appellant may
elect to perfect a cause by the reproduced full record method (CPLR 5528 [a] [5]); by the
appendix method (CPLR 5528 [a] [5]); by the agreed statement in lieu of record method (CPLR
5527); or, where authorized by statute or this Part or order of the court, on the original record.
(b) Reproduced Full Record Method. If the appellant elects to proceed on a reproduced full
record on appeal, the record shall be printed or otherwise reproduced as provided in sections
1250.6 and 1250.7 of this Part.
(c) Appendix Method. If the appellant elects to proceed by the appendix method, the appendix
shall be printed or otherwise reproduced as provided in sections 1250.6 and 1250.7 of this Part.
(d) Agreed Statement in Lieu of Record Method. If the appellant elects to proceed by the agreed
statement in lieu of record method, the statement shall be reproduced as a joint appendix as
provided in sections 1250.6 and 1250.7 of this Part. The statement required by CPLR 553l shall
be appended.
(e) Original Record. In the First, Second and Fourth Judicial Departments, the following causes
may be perfected upon the original record, including a properly settled transcript of the trial or
hearing, if any:
(1) appeals from the Family Court;
(2) appeals under the Election Law;
(3) appeals under the Human Rights Law (Executive Law § 298);
(4) proceedings transferred to the court pursuant to CPLR 7804 (g)
(5) appeals where the sole issue is compensation of a judicial appointee;
(6) appeals under Correction Law §§ 168-d (3) and 168-n (3);
(7) appeals of criminal causes;
(8) appeals from the Appellate Term, where the matter was perfected on an original
record at the Appellate Term;
(9) other causes where an original record is authorized by statute; and
(10) causes where permission to proceed upon the original record has been authorized by
the court.
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1250.6 Reproduction of Records, Appendices and Briefs
(a) Compliance with the CPLR. Briefs, appendices and reproduced full records shall comply
with the requirements of CPLR 5528 and 5529, and reproduced full records shall, in addition,
comply with the requirements of CPLR 5526.
(b) Method of Reproduction. Briefs, records and appendices shall be reproduced by any method
that produces a permanent, legible, black image on white paper or its digital equivalent. Use of
recycled paper and reproduction on both sides of the paper is encouraged for hard copy filings
and submissions.
(c) Paper Quality, Size and Binding. Paper shall be of a quality approved by the chief
administrator of the courts and shall be opaque, unglazed, white in color and measure 11 inches
along the bound edge by 8½ inches. Records, appendices and briefs shall be bound on the left
side in a manner that shall keep all the pages securely together; however, binding by use of any
metal fastener or similar hard material that protrudes or presents a bulky surface or sharp edge is
prohibited. Records and appendices shall be divided into volumes not to exceed two inches in
thickness.
(d) Designation of Parties. The parties to all appeals shall be designated in the record and briefs
by adding the word "Appellant," "Respondent," etc., as the case may be, following the party's
name, e.g., "Plaintiff-Respondent," "Defendant-Appellant," "Petitioner-Appellant," "RespondentRespondent," etc. Parties who have not appealed and against whom the appeal has not been
taken shall be listed separately and designated as they were in the trial court, e.g., "Plaintiff,"
"Defendant," "Petitioner," "Respondent." In appeals from the Surrogate's Court or from
judgments on trust accountings, the caption shall contain the title used in the trial court including
the name of the decedent or grantor, followed by a listing of all parties to the appeal, properly
designated. In causes originating in the Appellate Division, the parties shall be designated
"Petitioner" and "Respondent" or "Plaintiff" and "Defendant."
(e) Docket Number. The cover of all records, briefs and appendices shall display the appellate
division docket number assigned to the cause, or such other identifying number as the court shall
direct, in the upper right-hand portion opposite the title.
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1250.7 Form and Content of Records and Appendices; Exhibits
(a) Format. Records and appendices shall be consecutively paginated and shall include accurate
reproductions of the submissions made to the court of original instance, formatted in accordance
with the practice in that court. Reproductions may be slightly reduced in size to fit the page and
to accommodate the page headings required by CPLR 5529 (c), provided, however, that such
reduction does not significantly impair readability.
(b) Reproduced Full Record. The reproduced full record shall be bound separately from the
brief, shall include the items set forth in CPLR 5526, and shall include in the following order so
much of the following items as shall be applicable to the particular cause:
(1) A cover which shall contain the title of the cause on the upper portion, and, on the
lower portion, the names, addresses, telephone numbers and email addresses of the attorneys, the
county clerk's index or file number, the docket or other identifying number or numbers used in
the court from which the appeal is taken, and the superior court information or indictment
number;
(2) The statement required by CPLR 553l;
(3) A table of contents which shall list and briefly describe each document included in the
record. The part of the table relating to the transcript of testimony shall separately list each
witness and the page at which direct, cross, redirect and re-cross examinations begin. The part of
the table relating to exhibits shall concisely indicate the nature or contents of each exhibit and the
page in the record where it is reproduced and where it is admitted into evidence;
(4) The notice of appeal or order of transfer, judgment or order appealed from, judgment
roll, corrected transcript or statement in lieu thereof, exhibits, and any opinion or decision in the
cause;
(5) An affirmation, certification, stipulation or order, settling the transcript pursuant to
CPLR 5525;
(6) A stipulation or order dispensing with reproducing exhibits, as provided in
subdivision (c).
(7) The appropriate certification, stipulation, or settlement order pursuant to subdivision
(g).
(c) Exhibits. The parties may stipulate to dispense with reproduction of exhibits in the full
reproduced record on grounds that (1) the exhibits are not relevant or necessary to the
determination of an appeal, and will not be cited in the parties’ submissions; or (2) the exhibits,
though relevant and necessary, are of a bulky or dangerous nature, and will be kept in readiness
and delivered to the court on telephone notice.
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(d) Appendix.
(1) The appendix shall include those portions of the record necessary to permit the court
to fully consider the issues which will be raised by the appellant and the respondent including,
where applicable, at least the following:
(i) notice of appeal or order of transfer;
(ii) judgment, decree or order appealed from;
(iii) decision and opinion of the court or agency, and report of a referee, if any;
(iv) pleadings, and in a criminal case, the indictment or superior court
information;
(v) material excerpts from transcripts of testimony or from documents in
connection with a motion. Such excerpts shall include all the testimony or averments
upon which the appellant relies and upon which it may be reasonably assumed the
respondent will rely. Such excerpts shall not be misleading or unintelligible by reason of
incompleteness or lack of surrounding context;
(vi) copies of relevant exhibits, including photographs, to the extent practicable;
(vii) if pertinent, a statement identifying bulky, oversized or dangerous exhibits
relevant to the appeal, as well as identifying the party in custody and control of each
exhibit; and
(viii) the appropriate certification, stipulation or settlement order pursuant to
subdivision (g).
(2) The appendix shall have a cover complying with subdivision (b)(1) and shall include
the statement required by CPLR 553l and a table of contents.
(3) The court may require such other contents in an appendix in a criminal cause as it
deems appropriate.
(4) If a settled transcript of the stenographic minutes, or an approved statement in lieu of
such transcript, is not included in the submissions, the appellant shall cause a digital copy of such
transcript or statement to be filed together with the brief.
(e) Condensed Format of Transcripts Prohibited. No record or appendix may include a transcript
of testimony given at a trial, hearing or deposition that is reproduced in condensed format such
that two or more pages of transcript in standard format appear on one page, unless the transcript
was submitted in that format to the court from which the appeal is taken.
(f) Settlement of Transcript or Statement. Regardless of the method used to prosecute any civil
cause, if the record includes a transcript of the stenographic minutes of the proceedings or a
statement in lieu of such transcript, such transcript or statement shall first be either stipulated as
correct by the parties or their attorneys or settled pursuant to CPLR 5525.
(g) Certification of Record or Appendix. A reproduced full record or an appendix shall be
certified either by: (1) a certificate of the appellant's attorney pursuant to CPLR 2l05; (2) a
certificate of the proper clerk; or (3) a stipulation in lieu of certification pursuant to CPLR 5532
or, if the parties are unable to stipulate, an order settling the record. The reproduced copy
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containing the signed certification or stipulation shall be marked "Original." A party may move
to waive certification pursuant to this rule for good cause shown, and shall include with the
motion a copy of the proposed record or appendix.
1250.8 Form and Content of Briefs
(a) Cover. The cover shall set forth the title of the action or proceeding. The upper right-hand
section shall contain a notation stating: whether the cause is to be argued or submitted; if it is to
be argued, the time actually required for the argument; and the name of the attorney who will
argue. The lower right-hand section shall contain the name, address, telephone number and
email address of the attorney filing the brief and shall indicate whom the attorney represents.
(b) Appellant’s Brief. The appellant’s brief shall include, in the following order:
(1) a table of contents, which shall include (i) a list of point headings and (ii) the contents
of the appendix, if it is not bound separately, with references to the initial page of each document
included and of the direct, cross and redirect examination of each witness;
(2) a table of cases (alphabetically arranged), statutes and other authorities, indicating the
pages of the brief where they are cited;
(3) a concise statement, not exceeding two pages, of the questions involved, set forth
separately and followed immediately by the answer, if any, of the court from which the appeal is
taken;
(4) a concise statement of the nature of the case and of the facts which should be known
to determine the questions involved, with appropriate citations to the reproduced record,
appendix, original record or agreed statement in lieu of record;
(5) the argument for the appellant, which shall be divided into points by appropriate
headings distinctively printed;
(6) a statement certifying compliance with printing requirements under this Part, on a
form approved by the court, as set forth in subdivision (j);
(7) in the First and Second Judicial Departments, the appellant’s brief shall include as an
addendum the statement required by CPLR 5531;
(8) in the First and Second Judicial Departments, in any civil cause permitted to be
heard on the original record, the appellant’s brief shall include:
(i) a copy of the order or judgment appealed from and the decision, if any;
(ii) a copy of the opinion and findings, if any, of a hearing officer and the
determination and decision of any administrative department, board or agency; and
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(iii) a copy of the notice of appeal or order transferring the proceeding to this
court.
(c) Respondent’s Brief. The respondent’s brief shall conform to the requirements of subdivision
(b), except that a counterstatement of the questions involved or a counterstatement of the nature
and facts of the case shall be included only if the respondent disagrees with the statement of the
appellant.
(d) Reply Brief. Any reply brief of the appellant or cross appellant shall conform to the
requirements of subdivision (b), without repetition. An appellant’s reply in a cross appeal shall
include the points of argument in response to the cross appeal.
(e) Sur-reply Brief. Absent leave of the court, sur-reply briefs shall not be permitted.
(f) Computer-generated briefs.
(1) Briefs prepared on a computer shall be printed in either a serifed, proportionally
spaced typeface such as Times Roman, or a serifed, monospaced typeface such as Courier.
Narrow or condensed typefaces and/or condensed font spacing may not be used. Except in
headings and in quotations of language that appears in such type in the original source, words
may not be in bold type or type consisting of all capital letters.
(i) Briefs set in a proportionally spaced typeface. The body of a brief utilizing a
proportionally spaced typeface shall be printed in 14-point type, but footnotes may be
printed in type of no less than 12 points.
(ii) Briefs set in a monospaced typeface. The body of a brief utilizing a
monospaced typeface shall be printed in 12-point type containing no more than 10½
characters per inch, but footnotes may be printed in type of no less than 10 points.
(2) Computer-generated appellants' and respondents' briefs shall not exceed 14,000
words, and reply and amicus curiae briefs shall not exceed 7,000 words, inclusive of point
headings and footnotes and exclusive of signature blocks and pages including the table of
contents, table of citations, proof of service, certificate of compliance, or any addendum
authorized pursuant to subdivision (k).
(g) Typewritten briefs.
(1) Typewritten briefs shall be neatly prepared in clear type of no less than elite in size
and in a pitch of no more than 12 characters per inch. The original of the brief shall be signed
and filed as one of the number of copies required by section 1250.9 of this Part.
(2) Typewritten appellants' and respondents' briefs shall not exceed 50 pages and reply
briefs and amicus curiae briefs shall not exceed 25 pages, exclusive of pages containing the table
of contents, table of citations, proof of service, certificate of compliance, or any addendum
authorized pursuant to subdivision (k).
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(h) Margins, line spacing and page numbering of computer-generated and typewritten briefs.
Computer-generated and typewritten briefs shall have margins of one inch on all sides of the
page. Text shall be double-spaced, but quotations more than two lines long may be indented and
single-spaced. Headings and footnotes may be single-spaced. Pages shall be numbered
consecutively.
(i) Handwritten briefs.
(1) Self-represented litigants and persons filing pro se supplemental briefs may serve and
file handwritten briefs. Such briefs shall be neatly prepared in cursive script or hand printing in
black or blue ink.
(2) Handwritten appellants' and respondents' briefs shall not exceed 50 pages and reply
briefs and amicus curiae briefs shall not exceed 25 pages, exclusive of pages containing the table
of contents, table of citations, proof of service, certificate of compliance or any addendum
authorized pursuant to subdivision (k). Pages shall be numbered consecutively. The submission
of handwritten briefs is not encouraged. If illegible, handwritten briefs may be rejected for filing
by the clerk.
(j) Printing Specifications Statement. Every brief, except those that are handwritten, shall have
at the end thereof a printing specifications statement, stating that the brief was prepared either on
a typewriter, a computer or by some other specified means. If the brief was typewritten, the
statement shall further specify the size and pitch of the type and the line spacing used. If the
brief was prepared on a computer, the statement shall further specify the name of the typeface,
point size, line spacing and word count. A party preparing the statement may rely on the word
count of the processing system used to prepare the brief. The signing of the brief in accordance
with section 130-1.1-a (a) of this Title shall also be deemed the signer’s representation of the
accuracy of the statement.
(k) Briefs may include addenda that are composed exclusively of decisions, statutes, ordinances,
rules, regulations, local laws, or other similar matter cited therein that were not published or that
are not otherwise readily available.
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1250.9 Time, Number and Manner of Filing of Records, Appendices and Briefs
(a) Appellant’s Filing. Except where the court has directed that an appeal be perfected by a
particular time, an appellant shall file with the clerk within six months of the date of the notice of
appeal or order granting leave to appeal:
(1) if employing the reproduced full record method, an original and five hard copies of a
reproduced full record, an original and five hard copies of appellant's brief, and one digital copy
of the record and brief, with proof of service of one hard copy of the record and brief upon each
other party to the appeal; or
(2) if employing the appendix method, an original, five hard copies and one digital copy
of appellant’s brief and appendix, with proof of service of one hard copy of the brief and
appendix upon each other party to the appeal, and either:
(i) in the First and Second Judicial Departments, proof of service of a subpoena
upon the clerk of the court of original instance requiring all documents constituting the
record on appeal to be filed with the clerk of the Appellate Division, or
(ii) in the Third and Fourth Judicial Departments, a digital copy of the complete
record.
(3) if employing the agreed statement in lieu of record method, an original and five hard
copies of the agreed statement in lieu of record as provided in CPLR 5527, an original and five
hard copies of appellant’s brief, and one digital copy of the agreed statement and the brief, with
proof of service of one hard copy of the agreed statement and brief upon each other party to the
appeal; or
(4) if perfecting on the original record, an original and five hard copies and one digital
copy of appellant’s brief, with proof of service of one hard copy of the brief upon each other
party to the appeal and either:
(i) in the First and Second Judicial Departments, proof of service of a subpoena
upon the clerk of the court of original instance requiring all documents constituting the
record on appeal to be filed with the clerk of the Appellate Division, or
(ii) in the Fourth Judicial Department, a hard copy of the complete record.
(5) In the First and Second Judicial Departments, where a subpoena is required to be
served upon the clerk of the court of original instance pursuant to sections 1250.9(a)(2)(i) and
1250.9(a)(4)(i) of this Part, the clerk from whom the papers are subpoenaed shall compile the
original papers constituting the record on appeal and cause them to be transmitted to the clerk of
the court, together with a certificate listing the papers constituting the record on appeal and
stating whether all such papers are included in the papers transmitted.
(b) Extension of time to perfect appeal. Except where the court has directed that the appeal be
perfected by a particular time, the parties may stipulate, or in the alternative an appellant may
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apply by letter, on notice to all parties, to extend the time to perfect an appeal up to 60 days.
Any such stipulation shall be filed with the court. The appellant may thereafter apply by letter,
on notice to all parties, to extend the time to perfect by up to an additional 30 days. Any further
application for an extension of time to perfect the appeal shall be made by motion.
(c) Respondent’s Filing. The respondent on an appeal shall file with the clerk within 30 days of
the date of service of the appellant’s submissions or, in the First Judicial Department, in
accordance with the court’s published terms calendar:
(1) under the full record method, the agreed statement in lieu of record method, or when
perfecting on the original record, an original and five hard copies and one digital copy of the
respondent’s brief, with proof of service of one hard copy of the brief upon each party to the
appeal; or
(2) under the appendix method, an original and five hard copies and one digital copy of
the respondent’s brief and appendix, if any, with proof of service of one hard copy of the brief
and appendix, if any, upon each party to the appeal.
(d) Appellant’s Reply. The appellant shall file with the clerk an original, five hard copies and
one digital copy of the appellant’s reply brief, with proof of service of one hard copy of the brief
upon each party to the matter, within 10 days of the date of service of the respondent’s
submissions or, in the First Judicial Department, in accordance with the court’s published terms
calendar.
(e) Pro se or unrepresented parties shall be exempt from the requirement of the filing of a digital
copy of any brief or other document.
(f) Cross Appeals; Concurrent Appeals from Single Order or Judgment; Consolidation of
Appeals from Multiple Orders or Judgments.
(1) Cross appeals. In a cross appeal:
(i) The appealing parties shall consult and make best efforts to stipulate to a
briefing schedule. In the First Judicial Department, if the parties fail to stipulate to an
alternative briefing schedule, the cause shall be perfected in accordance with the court’s
published terms calendar, and shall not be governed by the time parameters set forth in
subsections (iv) through (vi).
(ii) The appealing parties shall file a joint record or joint appendix certified as
provided in section 1250.7(g) of this Part and shall share equally the cost of that record or
appendix;
(iii) The party that first perfects the appeal shall be denominated the appellantrespondent;
19
(iv) A respondent-appellant’s answering brief shall include the points of argument
on the cross appeal and, unless the parties have stipulated otherwise, shall be filed and
served within 30 days after service of the first appeal brief;
(v) An appellant-respondent’s reply brief shall include the points of argument in
response to the cross-appeal and, unless the parties have stipulated otherwise, shall be
filed and served within 30 days after service of the answering brief;
(vi) Unless the parties have stipulated otherwise, a respondent-appellant’s reply
brief, if any, shall be served within 10 days after service of appellant's reply brief.
(2) Concurrent appeals from a single order or judgment. In concurrent appeals, the
appellants shall perfect the appeals together, without motion, in the period measured from the
date of the latest notice of appeal. The appellants shall file a joint record or joint appendix
certified as provided in section 1250.7(g) of this Part and shall share equally the cost of that
record or appendix.
(3) Appeals from multiple orders or judgments. When an appellant takes appeals from
multiple orders and judgments arising out of the same action or proceeding, the appellant may
perfect the appeals together, without motion and upon a single record or appendix, provided that
each appeal is perfected in a timely manner pursuant to this Part.
(4) Absent an order of the court, appeals from orders or judgments in separate actions or
proceedings cannot be consolidated but may, upon written request of a party, be scheduled by the
court to be heard together on the same day.
(g) Extensions of Time to File and Serve Responsive Briefs. Except where the court has directed
that answering or reply briefs be served and filed by a particular time, an extension of time to
serve and file such briefs may be obtained as follows:
(1) By initial stipulation or application. The parties may stipulate or a party may apply
by letter on notice to all parties to extend the time to file and serve an answering brief by up to
30 days, and to file a reply brief by up to 10 days. Not more than two such stipulations or
applications shall be permitted. A stipulation shall not be effective unless promptly filed with
the court. Any further application shall be made by motion. In the First Judicial Department,
extensions by stipulation shall be filed by a date set forth in the court’s published terms calendar,
and shall put a matter over to any later term other than the June Term.
(2) By motion. A party may move to extend the time to file and serve a brief.
(h) Leave to File Oversized Brief. An application for permission to file an oversized brief shall
be made to the clerk by letter stating the number of words or pages by which the brief exceeds
the limits set forth in this section and the reasons why submission of an oversized brief is
necessary. The letter shall be accompanied by a copy of the proposed brief and printing
specifications statement.
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(i) Constitutionality of State Statute. Where the constitutionality of a statute of the State is
involved in a matter in which the State is not a party, the party raising the issue shall serve a
copy of the brief upon the Attorney General of the State of New York, and file proof of service
with the court. The Attorney General may thereupon intervene in the appeal.
1250.10 Dismissal of a Matter
(a) Civil Matters. In the event that an appellant fails to perfect a civil matter within six months
of the date of the notice of appeal, the order of transfer, or the order granting leave to appeal, as
extended pursuant to section 1250.9(b) of this Part, the matter shall be deemed dismissed without
further order.
(b) Criminal Matters. The court upon its own motion or the motion of a respondent may dismiss
a criminal appeal pursuant to CPL 470.60.
(c) Motion to Vacate Dismissal. When an appeal or proceeding has been deemed dismissed
pursuant to subdivision (a) or by order of the court for failure to perfect, a motion to vacate the
dismissal may be made within one year of the date of the dismissal. In support of the motion, the
movant shall submit an affidavit setting forth good cause for vacatur of the dismissal, an intent to
perfect the appeal or proceeding within a reasonable time, and sufficient facts to demonstrate a
meritorious appeal or proceeding.
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1250.11 Additional Rules Relating to Criminal Appeals
(a) Poor Person Relief and Assigned Counsel.
(1) Continuation of eligibility for assigned counsel on appeal. Where a sentencing court
has granted a defendant’s application for poor person relief on appeal pursuant to CPL 380.55,
the Appellate Division may, upon receipt of a properly filed notice of appeal and a copy of the
order, assign appellate counsel or provide other relief without the need for further motion or
application.
(2) Continuation of assigned counsel in People’s appeal. Unless otherwise ordered by the
court, a defendant represented in the superior court by assigned counsel shall continue to be
represented by that counsel on an appeal taken by the People.
(b) Application for Certificate Granting Leave to Appeal in a Criminal Matter.
(1) An application for a certificate granting leave to appeal to the Appellate Division shall
(i) be made, in writing, within 30 days after service of the order upon the
applicant;
(ii) provide 15 days’ notice to the District Attorney;
(iii) be filed with proof of service; and
(iv) be submitted without oral argument.
(2) The moving papers for a certificate granting leave to appeal shall be addressed to the
court for assignment to a justice, shall state that no prior application for such certificate has been
made, and shall set forth:
(i) the return date;
(ii) the name and address of the party seeking leave to appeal and the name of the
District Attorney;
(iii) the indictment number; and
(iv) the questions of law or fact which ought to be reviewed.
(3) The moving papers shall include:
(i) a copy of the order sought to be reviewed;
(ii) a copy of the decision of the court below or a statement that there was none;
and
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(iii) a copy of all submissions filed with the trial court.
(4) Answering submissions or a statement that there is no opposition to the application
shall be served and filed not later than one business day before the return date stated in the
application.
(c) Exhibits. If required by the court in a criminal appeal, in lieu of submitting original physical
exhibits (e.g., weapons or contraband) to the court, the appellant may file a stipulation of the
parties identifying the particular exhibits, identifying the party in custody and control of each
exhibit and providing that each exhibit shall be made available to the court upon the request of
the clerk.
(d) Briefs.
(1) There shall be included at the beginning of the main brief submitted by an appellant in
any criminal cause a statement setting forth the order or judgment appealed from; the sentence
imposed, if any; whether an application for a stay of execution of judgment pending
determination of the appeal was made and, if so, the date of such application; whether an order
issued pursuant to CPL 460.50 is outstanding, the date of such order, the name of the judge who
issued it and whether the defendant is free on bail or on his or her own recognizance; and
whether there were codefendants in the trial court, the disposition with respect to such
codefendants, and the status of any appeals taken by such codefendants.
(2) Briefs in criminal appeals shall otherwise conform to the requirements of section
1250.8 of this Part.
(3) Assigned counsel shall file proof of mailing of a copy of briefs filed on behalf of a
defendant to the defendant at his or her last known address.
(e) Expedited appeal of an order reducing an indictment or dismissing an indictment and
directing the filing of a prosecutor's information.
(1) At the request of either party, the court shall give preference to the hearing of an
appeal from an order reducing an indictment or dismissing an indictment and directing the filing
of a prosecutor's information (CPL 210.20 (6) (c); 450.20 (1-a); 450.55), and shall determine the
appeal as expeditiously as possible.
(2) The appellant's brief in such an appeal shall include an appendix containing a copy of
the notice of appeal, the indictment, the order appealed from and any underlying decision. The
respondent's brief may also include an appendix, if necessary. The appellant shall file, separate
from the appendix, one copy of the grand jury minutes under seal.
(f) Application for Withdrawal of Assigned Appellate Counsel Pursuant to Anders v California
(386 US 738 [1967]). When assigned appellate counsel files a brief pursuant to Anders v
California, counsel shall additionally either
23
(1) file proof that the following were mailed to the defendant at his or her last known
address: (i) a copy of the brief, and (ii) a copy of a letter to the defendant advising that he or she
may file a pro se supplemental brief and, if he or she wishes to file such a brief, that he or she
must notify the court no later than 30 days after the date of mailing of counsel’s letter of the
intention to do so; or
(2) in the Fourth Judicial Department, move to be relieved as counsel pursuant to People
v. Crawford, 71 A.D.2d 38 (4th Dept. 1979).
(g) Pro Se Supplemental Briefs in Criminal Appeals Involving Assigned Counsel. When
assigned appellate counsel does not file a brief pursuant to Anders v California, a defendant
wishing to file a pro se supplemental brief shall
(1) in the First and Second Judicial Departments, move for permission to do so not later
than 45 days after the date of mailing to the defendant of a copy of the brief filed by counsel; the
affidavit in support of the motion shall briefly set forth the points that the defendant intends to
raise in the supplemental brief; or
(2) in the Third and Fourth Judicial Departments, file the pro se supplemental brief not
later than 45 days after the date of mailing to the defendant of a copy of the brief filed by
counsel.
(h) Appeal from an Order Concerning a Grand Jury Report.
(1) The mode, time and manner for perfecting an appeal from an order accepting a report
of a grand jury pursuant to CPL 190.85 (1) (a), or from an order sealing a report of a grand jury
pursuant to CPL 190.85 (5), shall be in accordance with the provisions of this Part governing
appeals in criminal cases.
(2) An appeal from such an order shall be a preferred cause.
(3) The record, briefs and other documents on such an appeal shall be sealed and not be
available for public inspection except as permitted by CPL 190.85 (3).
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1250.12 Transferred Proceedings
(a) Transferred CPLR Article 78 Proceedings. Unless otherwise directed by the court, a
proceeding commenced pursuant to CPLR article 78 and transferred to the Appellate Division
pursuant to CPLR 7804(g) shall be governed in the same manner as an appeal under this Part,
with the time to file the petitioner’s brief measured from the date of the order of transfer.
(b) Transferred Human Rights Law Proceedings (Executive Law § 298).
(1) A proceeding under the Human Rights Law which is transferred to the Appellate
Division for disposition shall be prosecuted upon the original record, which shall include:
(i) copies of all submissions filed in the Supreme Court;
(ii) the decision of the Supreme Court, or a statement that no decision was
rendered;
(iii) the order of transfer; and
(iv) the original record before the State Division of Human Rights, including a
copy of the transcript of the public hearing.
(2) In all other respects every proceeding so transferred shall be governed by this Part in
the same manner as an appeal, with the time to perfect measured from the date of the order of
transfer.
(3) In the event that the original record that was before the State Division of Human
Rights was not previously submitted to the Supreme Court, the Division shall file the original
record with the Appellate Division within 45 days after entry of, or service upon it of a copy of
the order of transfer.
1250.13 Original Special Proceedings
(a) Return date. Unless otherwise required by statute or court directive, original special
proceedings commenced in the Appellate Division, including original proceedings pursuant to
CPLR article 78, shall be made returnable at 10:00 a.m. on any Monday or on such other days as
the court may direct, with a return date not less than 20 days after service of the notice of verified
petition and petition on each respondent.
(b) Necessary documents.
(1) Unless otherwise required by statute, a petitioner shall file the original and a digital
copy of the notice of petition or order to show cause, the petition and the filing fee as required by
CPLR 8022.
(2) Proof of service of a hard copy of the notice of petition (or order to show cause) and
the petition on each respondent shall be filed not later than 15 days after the applicable statute of
limitations has expired (see CPLR 306-b).
25
(3) Each respondent shall serve a hard copy, and shall file a hard copy and a digital copy,
of an answer or other lawful response, the record before the respondent, the transcript of the
hearing, if any, and the determination and findings of the respondent.
(c) Briefing and Original Record in Original Special Proceedings.
(1) In the following original special proceedings commenced in the First and Second
Judicial Departments, the petitioner shall file an original, five copies and a digital copy of a brief,
with proof of service of one hard copy of the brief upon each other party to the proceeding,
within six months of the date of service of the answer:
(i) Eminent Domain Procedure Law § 207;
(ii) Public Service Law §§ 128 or 170;
(iii) Labor Law §§ 220 or 220-b;
(iv) Public Officers Law § 36; and
(v) Real Property Tax Law § 1218.
In all other special proceedings commenced in the First and Second Judicial
Departments, further briefing shall not be required, and the court shall determine the matter on
the original submissions.
(2) In all original special proceedings filed in the Third and Fourth Judicial Departments,
the petitioner shall file an original, five hard copies and one digital copy of the petitioner’s brief,
with proof of service of one hard copy of the brief upon each other party to the proceeding within
six months of the date of service of the answer, or pursuant to such briefing schedule that the
court may issue.
(3) In original special proceedings where briefing is required, the respondent to the
petition shall file within 30 days of the date of service of the petitioner’s brief, or, in the First
Judicial Department, in accordance with the court’s published terms calendar, an original, five
hard copies and one digital copy of the respondent’s brief, with proof of service of one hard copy
of the brief upon each other party to the proceeding. Not more than ten days after service of the
respondent’s brief, or, in the First Judicial Department, in accordance with the court’s published
terms calendar, the petitioner may file an original, five hard copies and one digital copy of the
petitioner’s reply brief, if any.
(4) In original special proceedings where briefing is required, the period of time within
which to file the petitioner’s brief or respondent’s brief may be extended in the manner provided
for the extension of time to perfect and appeal or to file and serve responsive briefs set forth in
sections 1250.9(b) and 1250.9(g) of this Part.
(5) All original special proceedings will be heard upon the original record, which shall
include: (A) the notice of petition or order to show cause and petition; (B) the original record
before the respondent, including a copy of the transcript of the hearing, if any; and (C) the
determination and findings of the respondents.
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1250.14 Miscellaneous Appeals and Proceedings
(a) Annexation Proceedings. Annexation proceedings shall be prosecuted as set forth in General
Municipal Law article 17.
(b) Election Appeals. Appeals in proceedings brought pursuant to any provision of the Election
Law shall be prosecuted upon the original record, pursuant to a scheduling directive of the court
or clerk, with the filing and service of briefs in such number and manner as the court shall direct.
(c) Appeals from the Workers’ Compensation Board and Unemployment Insurance Appeal
Board. Appeals from decisions of the Workers’ Compensation Board and the Unemployment
Insurance Appeal Board shall be prosecuted exclusively before the Appellate Division, Third
Judicial Department, in accordance with the rules established by that court.
(d) Original Proceedings under the Education Law, Public Health Law and Tax Law.
Proceedings seeking review of determinations pursuant to Education Law § 6510, Public Health
Law § 230-c or Tax Law § 2016 shall be prosecuted exclusively before the Appellate Division,
Third Judicial Department, in accordance with the rules established by that court.
(e) Appeals of Compensation Awards to Judicial Appointees. If the sole issue sought to be
reviewed on appeal is the amount of compensation awarded to a judicial appointee (i.e., referee,
arbitrator, guardian, guardian ad litem, conservator, committee of the person or a committee of
the property of an incompetent or patient, receiver, person designated to perform services for a
receiver, such as but not limited to an agent, accountant, attorney, auctioneer or appraiser, person
designated to accept service), the cause may be prosecuted by motion or as an appeal. In such
event, the review may be had on the original record, and briefs may be filed at the option of the
parties.
(f) Appeals from the Appellate Term. When the court has made an order granting leave to
appeal from an order of the Appellate Term, the appellant shall file with the clerk of the
Appellate Term a copy of the order. Thereafter the appeal may be brought on for argument by
the filing of briefs in the same manner as any other cause.
(g) Submitted facts (CPLR 3222). An original agreed statement of facts in an action submitted
to the court pursuant to CPLR 3222 shall be filed in the office of the county clerk, and a copy
shall be appended to appellant's brief together with a statement required by CPLR 5531. Briefs
shall be served and filed in the manner and in accordance with the time requirements prescribed
by section 1250.9 of this Part.
27
1250.15 Calendar Preference; Calendar Notice; Oral Argument; Post-Argument
Submissions
(a) Calendar Preference.
(1) By letter. A party seeking and entitled by law to a preference in the hearing of an
appeal shall provide prompt notice by letter to the court setting forth the basis for such
preference.
(2) By motion. A party not entitled to a preference by law may move for a calendar
preference for good cause shown.
(b) Calendar Notice. Notification that a cause has been placed on the calendar shall be published
on the court’s website. The court may also arrange for publication of such notice in a daily law
journal or other newspaper or periodical regularly published within the Judicial Department.
(c) Oral Argument.
(1) Oral Argument Generally. Oral argument shall be permitted unless proscribed by
court rule or, in a particular cause, by the court in its discretion. Parties who do not file a brief
on appeal shall not be permitted to argue a cause.
(2) Oral Argument by Permission. Where oral argument is proscribed by rule, a party
may seek leave of the court therefor by filing of a letter application, on notice to all parties, or by
motion where required by the court, within 7 days of the filing of the respondent’s brief. The
application or motion shall specify the reasons why oral argument is appropriate and the amount
of time requested.
(3) Failure to Request Oral Argument. In the event that any party's main brief shall fail
to set forth the appropriate notations indicating that the cause is to be argued and the time
required for argument, the cause will be deemed to have been submitted without oral argument
by that party.
(4) Failure to Appear for Oral Argument. Where counsel or a self-represented litigant
fails to appear timely for oral argument, the matter shall be deemed to have been submitted
without oral argument by that party.
(5) Rebuttal. Prior to beginning argument, the appellant may orally request permission to
reserve a specific number of minutes for rebuttal in the First and Third Judicial Departments.
The time reserved shall be subtracted from the total time assigned to the appellant. The
respondent may not request permission to reserve time for sur-rebuttal.
(d) Post-Argument Submissions. Post-argument submissions are discouraged, and may be made
only with leave of the court.
28
1250.16 Decisions, Orders and Judgments; Costs; Remittitur; Motions for Reargument or
Leave to Appeal to the Court of Appeals
(a) Decisions, Orders and Judgments. A decision, order or judgment of the court on a cause shall
be deemed entered on the date upon which it was issued. Unless otherwise directed by the court,
copies of the court’s decisions, orders and judgments shall be posted on the court’s website.
(b) Costs. Costs upon an appeal under CPLR 8107 shall be allowed only as directed by the court
in each case. In the absence of a contrary direction, the award by the court of costs in any matter
shall be deemed to include disbursements in accordance with CPLR 8301(a).
(c) Remittitur. Unless otherwise ordered by the court, an order determining an appeal shall be
remitted, together with the record on appeal, to the clerk of the court of original instance.
(d) Motion for Reargument or Leave to Appeal to the Court of Appeals.
(1) Time of motion. A motion for reargument of or leave to appeal to the Court of
Appeals from an order of the court shall be made within 30 days after service of the order of the
court with notice of entry.
(2) Reargument. An affidavit or affirmation in support of a motion for reargument shall
briefly set forth the points alleged to have been overlooked or misapprehended by the court.
(3) Leave to appeal to the Court of Appeals.
(i) An affidavit or affirmation in support of a motion for leave to appeal to the
Court of Appeals shall briefly set forth the questions of law sought to be reviewed by the
Court of Appeals and the reasons that the questions should be reviewed by the Court of
Appeals.
(ii) In a civil matter, a motion for leave to appeal to the Court of Appeals shall, to
the extent practicable, be determined by the panel of justices that determined the appeal.
(iii) In a criminal matter, a motion for leave to appeal to the Court of Appeals may
be submitted to any member of the panel of justices that determined the appeal. The
affidavit or affirmation in support of the motion shall state that no other application for
leave to appeal to the Court of Appeals has been made. Service of a copy of an order on
an appellant as required by CPL 460.10 (5) (a) shall be made pursuant to CPLR 2103.
29
1250.17 Fees of the Clerk of the Court
(a) Fees. The clerk of the court shall be entitled to the following fees, which shall be payable in
advance:
(1) upon the filing of a record on a civil appeal or statement in lieu of record on a civil
appeal and upon the filing of a notice of petition or order to show cause commencing a special
proceeding, $315.
(2) upon the filing of each motion or cross motion with respect to a civil appeal or special
proceeding, $45, except that no fee shall be imposed for a motion or cross motion which seeks
leave to appeal as a poor person pursuant to CPLR 1101 (a).
(3) such other fees as the court shall direct.
(b) Exemptions. Notwithstanding the foregoing, no party shall be required to pay a filing fee
hereunder where such party demonstrates entitlement to an exemption from the payment of such
fee under statute or other authority.
30
RULES OF PRACTICE, FIRST DEPARTMENT –
PART 600
Rules of Practice of the Appellate Division, First Judicial Department
Part 600
600.1 General Provisions and Definitions
(a) Practice Rules of the Appellate Division
This Part serves as a supplement to, and should be read in conjunction with, the Practice
Rules of the Appellate Division (22 NYCRR) Part 1250 and the Electronic Filing Rules of the
Appellate Division (22 NYCRR) Part 1245. Where there is a conflict between this Part and Parts
1250 and 1245, this Part controls when practicing within the First Judicial Department.
(b) Sessions of the Court
The court will convene at 2:00 o’clock in the afternoon during the appointed terms of the
court for the hearing of appeals except on Fridays when the court will convene at 10:00 o’clock in
the forenoon. Special sessions of the court may be scheduled for such time or such purposes as
the court may direct.
600.2 [Reserved]
600.3 Initial Filings; Active Management of Causes; Settlement or Mediation Program
(a) Pre-argument Conference Program
(1) By order of the court, counsel and the parties, and any additional parties in interest,
may be directed to attend a pre-argument conference before a special master or such other person
as may be designated by the Appellate Division.
(2) Within 10 days after an order directing a pre-argument conference, counsel for
respondent shall file a counterstatement, together with proof of service, setting forth:
(i)
the issues proposed to be raised on the appeal, if respondent disagrees with
the issues identified by appellant in the informational statement filed
pursuant to (22 NYCRR) § 1250.3;
(ii)
the extent to which respondent challenges the assertions made in the
informational statement; and
(iii)
an explanation of the grounds for granting the relief sought by respondent.
(3) Upon the conclusion of the conference, if the parties have entered into a stipulation the
court shall file an order of approval.
1
600.4 Motions
(a) Electronically Filed Motions. One hard copy of electronically filed motion papers shall be filed
with the clerk in accordance with section 1245.6(a) of the Electronic Filing Rules of the Appellate
Division ([22 NYCRR] Part 1245).
(b) Leave to File Amicus Curiae Brief. A motion to serve and file an amicus curiae brief shall
include six copies of the proposed brief.
600.5 [Reserved]
600.6 [Reserved]
600.7 [Reserved]
600.8 [Reserved]
600.9 Time, Number and Manner of Filing of Records, Appendices and Briefs
(a) Filing and Service of Digital Copies of Record, Appendices and Briefs
(1) Digital copies of the records, appendices and briefs filed pursuant to (22 NYCRR) §
1250.9(a), (c) and (d) shall comply with the technical specifications for electronically filed
documents set forth in Attachment A to Electronic Rules of the Appellate Division ([22 NYCRR]
Part 1245) and shall be filed and served by e-mail. Emails to the court shall be directed as follows:
(i)
(ii)
(iii)
In civil matters – AD1copy-civil@nycourts.gov
In criminal matters – AD1copy-criminal@nycourts.gov
In Family Court matters – AD1copy-family@nycourts.gov
(2) Records, appendices and briefs filed electronically through NYCSEF shall satisfy the
digital copy requirements of (22 NYCRR) § 1250(a), (c) and (d).
600.10 [Reserved]
600.11 Additional Rules Relating to Criminal Appeals
(a) Transcript of Proceedings. Where an appeal in a criminal matter is prosecuted on the original
record or by the appendix method, the appellant shall serve a copy of the transcript of the
proceedings upon the respondent together with the brief and appendix, and cause a copy to be filed
with the court.
600.12 [Reserved]
600.13 [Reserved]
600.14 [Reserved]
2
600.15 Calendar Preferences; Calendar Notice; Oral Argument; Post-Argument
Submissions
(a) Calendar Notice
All appeals or causes shall be noticed for a term of the court as enumerated or non-enumerated.
The following appeals are to be noticed as enumerated:
(1) Appeals from final orders and judgments of the Supreme Court, other than those
dismissing a cause for failure to prosecute, for failure to serve a complaint or for failure to
obey an order of disclosure or to stay or compel arbitration.
(2) Appeals from decrees or orders of the Surrogate’s Court finally determining a special
proceeding.
(3) Appeals from orders granting or denying motions for a new trial.
(4) Appeals from orders granting or denying motions for summary judgment.
(5) Appeals from orders granting or denying motions to dismiss a complaint, a cause of
action, a counterclaim or an answer in point of law.
(6) Appeals from orders of the Appellate Term.
(7) Appeals from judgments or orders in criminal proceedings.
(8) Special proceedings transferred to this court for disposition.
(9) Controversies on agreed statement of facts.
(10) Appeals from orders of the Family Court finally determining a special proceeding.
(11) Appeals from orders granting or denying custody of minors after a hearing.
(12) Special proceedings challenging determination of the New York City tax appeals
tribunal.
(13) Such other appeals as the court or a justice thereof may designate as enumerated.
(b) All other types of appeals not set forth in subdivision (a) of this section shall be noticed as
non-enumerated.
(c) How Placed on the Calendar; filing time
(1) Appellant’s Filing. An appeal or cause shall be placed on the calendar, by the appellant
or moving party filing with the clerk, at least 57 days before the first day of the term for which the
matter shall have been noticed, the record on appeal or appendix and brief, in the manner and
number required by (22 NYCRR) § 1250.9(a), and a note of issue, with proof of service, stating
the term for which noticed, the date of the notice of appeal, the date the judgment or order was
entered, the name of the justice who made the decision, the nature of the appeal or cause, and the
index or indictment number and the Appellate Division number.
3
(2) Respondent’s Filing. At least 27 days before the first day of the term for which the
appeal or cause shall have been noticed, the respondent or opposing party shall file the answering
brief and appendix, if any, in the manner and number required by (22 NYCRR) § 1250.9(c).
(3) Reply Brief. Within nine days after service of the respondent’s brief, the appellant or
moving party may file a reply brief, in the manner and number required by (22 NYCRR) §
1250.9(d).
(d) Cross Appeals
(1) If the parties to the appeal do not stipulate to a briefing schedule pursuant to (22
NYCRR) § 1250.9(f)(1)(i), respondent-appellant shall file his or her answering brief pursuant to
the schedule for a respondent for that specific term. Appellant shall have nine days thereafter to
file its reply brief, and thereafter, respondent-appellant shall have nine days to file his or her reply
brief.
(e) Time Permitted for Argument
(1) On the argument of an enumerated appeal, not more than 15 minutes shall be permitted
on either side. Any party may for good cause request additional argument time by written
application before the day of argument.
(2) Oral argument shall not be allowed in non-enumerated appeals, except by permission
of the Court upon application pursuant to (22 NYCRR) § 1250.15(c)(2).
(3) Only one counsel on each side shall be heard except by permission of the Court.
600.16 [Reserved]
600.17 Fees of the Clerk of the Court
(a) In addition to the fees provided for in (22 NYCRR) § 1250.17, pursuant to Judiciary Law §
265, the clerk of the court is entitled to receive in advance the following fees on behalf of the State
of New York:
(1) For an embossed and engraved certificate of admission as an attorney and counselor at law,
twenty-five dollars;
(2) For a certificate of good standing, ten dollars;
(3) For furnishing a hard or digital copy, certified or uncertified, of an opinion, decision, order,
record, or other paper in his or her custody, one dollar for the first page and 50 cents for each
additional page; and
(4) No charge shall be made for furnishing a copy of the order, opinion or decision of the court to
any party to an appeal or proceeding pending in the court.
4
RULES OF PRACTICE, SECOND DEPARTMENT –
PART 670
RULES OF PRACTICE, THIRD DEPARTMENT –
PART 850
Appellate Division, Third Judicial Department
Rules of Practice
Effective September 17, 2018
as Amended Effective January 7, 2019
Third Department Rules of Practice
Part 850
850.1
820.2
850.3
850.4
850.5
850.6
850.7
850.8
850.9
850.10
850.11
850.12
850.13
850.14
850.15
850.16
850.17
General Provisions and Definitions
[Reserved]
Initial Filings; Active Management of Causes; Settlement or
Mediation Program
Motions
Methods of Perfecting Causes
[Reserved]
Form and Content of Records and Appendices; Exhibits
[Reserved]
Time, Number and Manner of Filing of Records, Appendices
and Briefs
Dismissal of a Matter
Additional Rules Relating to Criminal Appeals
[Reserved]
Original Special Proceedings
Miscellaneous Appeals and Proceedings
Calendar Preference; Calendar Notice; Oral Argument; PostArgument Submissions
Decisions, Orders and Judgments; Costs; Remittitur; Motions
for Reargument or Leave to Appeal to the Court of Appeals
Fees of the Clerk of the Court
Part 850
RULES OF PRACTICE
850.1 General Provisions and Definitions
(a) The Practice Rules of the Appellate Division
The Practice Rules of the Appellate Division are embodied in Part 1250 of the
New York Rules of Court (22 NYCRR Part 1250) and the Electronic Filing Rules
of the Appellate Division are embodied in Part 1245 (22 NYCRR Part 1245). The
Rules of Practice of the Appellate Division, Third Judicial Department are
intended to supplement the Practice Rules of the Appellate Division. Where there
is a conflict between this Part and Parts 1250 and 1245, this part controls when
practicing within the Third Judicial Department.
(b) Definitions
All of the definitions contained in section 1250.1 of the Practice Rules of the
Appellate Division are incorporated herein unless otherwise indicated.
(c) Court Sessions
Unless otherwise directed by the court, court sessions shall commence at 1:00
p.m., except on Friday and the last session day of a term, when they shall
commence at 9:30 a.m. A term of court shall be deemed to continue until the day
on which the next term convenes, and the court may reconvene at any time during
recess.
850.2 [Reserved]
850.3 Initial Filings; Active Management of Causes; Settlement or Mediation
Program
Initial Filings. The initial filings required in civil appeals pursuant to section
1250.3 (a) of the Practice Rules of the Appellate Division shall not apply to
appeals from the Unemployment Insurance Appeal Board or the Workers'
Compensation Board.
850.4 Motions
(a) Motions or Applications Which Include Requests for Interim Relief.
(1) Notice. A party seeking relief as provided in section 1250.4 (b) (1) of
the Practice Rules of the Appellate Division shall, in addition to the notice
required by section 1250.4 (b) (2), provide advance notice to the court of its
intention to present the application or order to show cause. To the extent
practicable, the notice required by section 1250.4 (b) (2) and by this section
shall be accompanied by a copy of the papers the party seeking relief intends
to present to the court for filing. The affidavit or affirmation of notice
required by section 1250.4 (b) (2) shall state the manner in which the
proposed filing was served.
(2) Oral argument. Where the notice required by subdivision (1) has been
given, the party seeking relief and/or the party opposing the relief sought
may request the opportunity to present argument to the justice to whom the
application or order to show cause will be presented, which request shall be
determined in the discretion of that justice.
(b) Admission Pro Hac Vice. An application for admission pro hac vice, pursuant
to 1250.4 (e) of the Practice Rules of the Appellate Division, shall be made in the
form of a motion.
(c) Leave to File Amicus Curiae Brief. A motion for permission to serve and file
an amicus curiae brief, made pursuant to 1250.4 (f) of the Practice Rules of the
Appellate Division, shall include one original, five hard copies and one digital
copy of the proposed brief with proof of service of one hard copy of the brief upon
each other party to the appeal or proceeding.
850.5 Methods of Perfecting Causes
Where perfection of a cause by the original record method has been authorized by
statute or order of the court, the appellant's brief shall contain an appendix which
shall be printed or otherwise reproduced as provided in sections 1250.6 and 1250.7
of the Practice Rules of the Appellate Division.
850.6 [Reserved]
850.7 Form and Content of Records and Appendices; Exhibits
(a) Exhibits. Exhibits under a respondent's control or under the control of a third
person shall be filed either pursuant to a five-day written demand served by the
appellant upon a respondent or pursuant to a subpoena duces tecum issued in
accordance with CPLR article 23. The appellant shall also file with the brief proof
of service of such a demand or subpoena together with a list of all relevant
exhibits.
(b) Certification of Record or Appendix
(1) Reproduced Full Record. A reproduced full record or appendix shall be
certified as provided in section 1250.7 (g) of the Practice Rules of the
Appellate Division. Any dispute concerning the certification of the record or
appendix or the contents of a record or appendix so certified shall be
directed to the court from which the appeal is taken.
(2) Single Copy of the Record. When the appendix method is used, in
addition to the requirements of section 1250.9 (a) (2) of the Practice Rules of
the Appellate Division, the appellant is directed to file with the clerk of this
court, with proof of service of a copy upon each party to the appeal, one hard
copy of the complete record, accompanied by: (1) a stipulation in lieu of
certification pursuant to CPLR 5532; (2) a certificate of the appellant's or
petitioner's attorney, pursuant to CPLR 2105, after giving each other party
20 days' notice and not having received any objections or proposed
amendments to the record, together with an attorney affirmation certifying
compliance with the requirements of this section; or (3) if the record is
incapable of being certified by either of those methods, an order settling the
record by the court from which the appeal is taken.
850.8 [Reserved]
850.9 Time, Number and Manner of Filing of Records, Appendices and Briefs
(a) Appellant's Filing. An appellant employing the appendix method pursuant to
section 1250.9 (a) (2) of the Practice Rules of the Appellate Division shall, in
addition to the digital copy required by section 1250.9 (a) (2) (ii), file with the
Court a hard copy of the complete record.
(b) Digital Submissions.
(1) Any document required to be digitally filed pursuant to section 1250.9 of
the Practice Rules of the Appellate Division shall comply with the technical
specifications for electronically filed documents set forth in Attachment A to
the Electronic Filing Rules of the Appellate Division (22 NYCRR 1245) and
shall be uploaded in a manner provided on this Court's website located at
www.nycourts.gov/ad3.
(2) Documents filed electronically through NYSCEF shall satisfy the digital
filing requirements of section 1250.9 of the Practice Rules of the Appellate
Division.
(3) Where a litigant or an attorney is exempt from the digital filing
requirement pursuant to section 1250.9 (e) of the Practice Rules of the
Appellate Division, such litigant or attorney shall be required to file an
additional unbound hard copy of any document filed pursuant to sections
1250.9 (a), (c) or (d).
(c) Extension of time to perfect appeal. Where a A motion for an extension of time
to perfect an appeal or proceeding is required by made pursuant to section 1250.9
(b) of the Practice Rules of the Appellate Division, such motion shall be supported
by an affidavit setting forth a reasonable excuse for the delay and an intent to
perfect the appeal or proceeding within a reasonable time.
(d) Extensions of time to file and serve responsive briefs. Where a A motion for
an extension of time to file and serve a responsive brief is required by made
pursuant to section 1250.9 (g) (1) of the Practice Rules of the Appellate Division,
or is permitted by 1250.9 (g) (2) of the Practice Rules of the Appellate Division,
such motion shall be supported by an affidavit setting forth a reasonable excuse for
the delay and an intent to file and serve the brief within a reasonable time.
850.10 Dismissal of a Matter
Civil Matters. In addition to those circumstances set forth in section 1250.10 (a) of
the Practice Rules of the Appellate Division, in the event that a petitioner fails to
perfect an original special proceeding within six months of the date of the service
of the answer by complying with the requirements of section 1250.13 (c) (2) of the
Practice Rules of the Appellate Division, the matter shall be deemed dismissed
without further order.
850.11 Additional Rules Relating to Criminal Appeals
(a) Transcript of Proceedings. Where poor person status has been granted by this
court, the clerk of the court from which the appeal is taken, after service upon the
clerk of a copy of the decision of this court, shall furnish without charge to a
person granted permission to proceed as a poor person one copy of the transcript of
all proceedings in the matter and one copy of any other paper or document on file
which is material and relevant to the appeal, and shall forward another copy of the
transcript to the clerk of this court, who shall attach it to the single copy of the
record upon which the appeal shall be prosecuted.
(b) Where a court has directed that the appeal be perfected by a particular date, the
appellant may apply by letter, on notice to all parties, to extend the time to perfect
the appeal. Where counsel has been assigned, any request for an extension of time
to perfect the appeal made more than one year after the assignment date shall be
made by motion. Any application or motion shall state the following: the date of
the judgment of conviction; whether the conviction was by trial or plea; whether
defendant is free on bail; the date the notice of appeal was filed; the date the
transcript and other record documents were ordered; whether the transcript and
other record documents have been received; the reason for the request; and the
anticipated date that the appeal is expected to be perfected. All extension
applications and motions must be accompanied by proof of service upon the
District Attorney and the defendant.
(c) Respondent's Filing. Absent court order directing otherwise, the respondent on
a criminal appeal shall file a respondent's brief and appendix with the clerk within
30 days of the date of the acceptance of the appellant's submissions.
(d) Notwithstanding the provisions of sections 1250.9 (a) and 1250.10 (a) and (b)
of the Practice Rules of the Appellate Division, an appeal authorized by the
Criminal Procedure Law shall be deemed to have been abandoned where the
appellant shall fail to apply for permission to proceed as a poor person and/or for
assignment of counsel or shall fail to perfect the appeal within twenty-four months
after the date of the notice of appeal; and the clerk of this court shall not accept for
filing any record, brief or appendix beyond the twenty-four-month period unless
directed to do so by order of the court. Such an order shall be granted only
pursuant to a motion on notice supported by an affidavit setting forth a reasonable
excuse for the delay, in addition to any information required by 850.11 (b).
(e) In addition to the items specified in 1250.7 (d), an appendix in a criminal cause
shall contain a copy of the indictment and a complete transcript of the sentencing
minutes.
(f) Where only sentence in issue. When the sole question raised on appeal
concerns the legality, propriety or excessiveness of the sentence imposed, the
appeal may be heard upon a shortened record on appeal consisting of the notice of
appeal, sentencing minutes and minutes of the plea, if appellant pleaded guilty. The
record, which shall be clearly labeled "Record on Appeal from Sentence," shall
contain a statement pursuant to CPLR 5531 and shall be stipulated to or settled in
the manner provided in section 850.7 (b) of these rules. A copy of the presentence
report shall be filed with the clerk.
850.12 [Reserved]
850.13 Original Special Proceedings
All original special proceedings will be heard either upon the reproduced full
record method or appendix method. In all original special proceedings, the
appellant shall file an original and five copies of a reproduced full record on
review or one single copy of the record and an original and five copies of an
appendix. The record shall be stipulated to by the parties and shall otherwise
comply with section 1250.13 of the Practice Rules of the Appellate Division.
850.14 Miscellaneous Appeals and Proceedings
(a) Unemployment insurance appeals. An appeal from a decision of the
Unemployment Insurance Appeal Board may be prosecuted in accordance with
written instructions which are available from the clerk of the court or the
Department of Law, Employment Security Bureau. There are no filing fees
associated with Unemployment Insurance appeals.
(b) Workers' compensation appeals. An appeal from a decision of the Workers'
Compensation Board shall be prosecuted in accordance with sections 1250.6 and
1250.7 of the Practice Rules of the Appellate Division. In addition, the record
shall contain a record list and a copy of each item identified in the record list,
including those items the appellant reasonably assumes will be relied upon by a
respondent.
(1) Record list.
(i) The appellant shall prepare a list of the papers relevant to those
issues intended to be presented for review by the court.
(ii) Unless, within 45 days after service of a notice of appeal, the
Workers' Compensation Board shall vacate, modify or rescind the
decision which is the subject of the appeal, within 30 days after
expiration of said 45 days or, in the event the board sooner determines
that it will not vacate, modify or rescind the decision, within 30 days
after the board serves a notice of such determination on the appellant,
the appellant shall serve a copy of the proposed record list upon the
Attorney General and each party affected by the board decision,
together with a written stipulation reciting that the papers, testimony
and exhibits listed therein constitute all of the papers necessary and
relevant to the issues. The appellant shall also serve upon the parties
affected a written request to stipulate to the contents of the record list
within 20 days. Within 20 days after such service, any party so served
may make objections or amendments to the record list and serve them
upon the appellant.
(iii) Within 20 days after service of a proposed record list, a party
respondent shall serve upon the appellant any proposed objections or
amendments thereto. The appellant and the objecting party shall have
20 days thereafter in which to agree upon the objections and
amendments to the record list and to stipulate in writing thereto. If
they are unable to agree, within 10 days after expiration of said 20
days, the appellant shall make application to the board for settlement
of the record list. A copy of the board's decision shall be attached to
the record list.
(iv) If a party timely served with a proposed record list shall fail to
serve objections or amendments within 20 days, the record list shall
be deemed correct as to that party, and the appellant shall affix to the
record on appeal an affirmation certifying to the timely service of the
proposed record list and request to stipulate and to the failure of one
or more parties to comply with the request or to make objections or
amendments thereto within the time prescribed.
(v) When filing the record on appeal, the appellant shall file the record
list, together with the stipulation, board decision or affirmation.
(vi) A decision of the board upon an application to settle a record list
shall be reviewable by motion pursuant to section 1250.4 of the
Practice Rules of the Appellate Division. The moving papers shall
contain a copy of the board decision and the papers submitted to the
board upon the application. Where necessary, the court will obtain
the board's file for use on the motion.
(2) Form and content of record. A record on an appeal pursuant to section
23 of Workers' Compensation Law shall comply as to form with sections
1250.6 and 1250.7 of the Practice Rules of the Appellate Division.
(3) Certification of record. The record on appeal shall be certified as true
and correct by the secretary or other designee of the Workers' Compensation
Board, by a certificate of the appellant's attorney pursuant to CPLR 2105, or
by a stipulation in lieu of certification pursuant to CPLR 5532.
(4) Remittitur. Upon entry of an order on the court's decision, the record on
appeal shall be remitted to the Attorney General with a copy of the order for
filing with the Workers' Compensation Board.
(c) Sex Offender Registration Act (SORA) appeals. An appeal authorized by
Correction Law sections 168-d (3) and 168-n (3) shall be prosecuted in accordance
with section 1250.11 of the Practice Rules of the Appellate Division and with
section 850.11 of this Part.
(d) Original Proceedings under the Education Law and Public Health Law. The
Record on Review and briefs filed in proceedings seeking review of determinations
pursuant to Education Law § 6510 or Public Health Law § 230-c shall comply with
sections 1250.6 and 1250.7 and shall otherwise be prosecuted in accordance with
section 1250.13 of the Practice Rules of the Appellate Division and section 850.13
of these rules.
(e) Original proceedings under the Tax Law. The Record on Review and briefs
filed in proceedings seeking review of determinations pursuant to Tax Law 2016
shall comply with sections 1250.6 and 1250.7 and shall otherwise be prosecuted in
accordance with 1250.13 of the Practice Rules of the Appellate Division and
850.13 of these rules. The stipulated record shall also include the determination of
the administrative law judge, the decision of the tax appeals tribunal, the
stenographic transcript of the hearing before the administrative law judge, the
transcript of any oral proceedings before the tax appeals tribunal and any exhibit or
document submitted into evidence at any proceeding in the division of tax appeals
upon which such decision is based.
850.15 Calendar Preference; Calendar Notice; Oral Argument; PostArgument Submissions
Unless otherwise permitted by the court, oral argument shall not be allowed in the
following cases:
(a) appeals from the Workers' Compensation Board;
(b) appeals from the Unemployment Insurance Appeal Board;
(c) appeals from judgments of conviction in criminal cases challenging only the
legality, propriety or excessiveness of the sentence imposed;
(d) appeals in or transfers of CPLR article 78 proceedings in which the sole issue
raised is whether there is substantial evidence to support the challenged
determination; and
(e) any other case in which the court, in its discretion, determines that argument is
not warranted.
850.16 Decisions, Orders and Judgments; Costs; Remittitur; Motions for
Reargument or Leave to Appeal to the Court of Appeals
(a) The orders, judgments, appointments, assignments and directions of the court
shall be signed by the presiding justice, the clerk of the court or a deputy clerk of
the court.
(b) Costs in workers' compensation, unemployment insurance appeals and
proceedings commenced in this court shall be taxed by the clerk in accordance
with CPLR 8403.
850.17 Fees of the Clerk of the Court
In addition to the fees provided for in section 1250.17 of the Practice Rules of the
Appellate Division, pursuant to Judiciary Law ' 265, the clerk of the court is
entitled to receive for and on behalf of the state:
and
(1) For a large, embossed certificate attesting to admission as an attorney
counselor at law, twenty-five dollars ($25).
(2) For a printed certificate attesting to admission, good standing and
registration as an attorney and counselor at law, ten dollars ($10).
RULES OF PRACTICE, FOURTH DEPARTMENT –
PART 1000
Appellate Division, Fourth Judicial Department
22 NYCRR Part 1000. Rules of Practice
Effective September 17, 2018
1000.1
(a)
General Provisions and Definitions
Practice Rules of the Appellate Division
This Part serves as a supplement to, and should be read in conjunction with, the
Practice Rules of the Appellate Division (22 NYCRR Part 1250) and the
Electronic Filing Rules of the Appellate Division (22 NYCRR Part 1245). Where
there is a conflict between this Part and those rules, this Part controls when
practicing within the Fourth Judicial Department.
(b)
Sessions of the Court
The Presiding Justice shall designate by order the terms of Court and the Clerk
shall provide notice of designated terms to the Bar. Unless otherwise ordered by
the Presiding Justice, the Court shall convene at 10:00 a.m. each day during a
designated term.
1000.2
[Reserved]
1000.3
Initial Filings; Active Management of Causes; Settlement or Mediation
Program
(a)
The Court does not require the filing of an initial informational statement pursuant
22 NYCRR 1250.3 (a).
(b)
The Court does not have a settlement or mediation program pursuant to 22
NYCRR 1250.3 (c).
1000.4
Motions
(a)
Proof of service required. In addition to proof of filing of the notice of appeal as
required pursuant to 22 NYCRR 1250.4 (a) (3), a movant shall submit proof or
admission of service of the notice of appeal.
(b)
Order to show cause. An application for an order to show cause pursuant to 22
NYCRR 1250.4 (b) shall be directed to a Justice of this Court with chambers in
the Judicial District from which the appeal or proceeding arises.
-2(c)
Family Court Act § 1114 and CPLR 5704 (a). Unless otherwise ordered by a
Justice of this Court, an application for a stay pursuant to Family Court Act §
1114 or an application pursuant to CPLR 5704 (a) shall be made by order to show
cause pursuant to 22 NYCRR 1250.4 (b).
(d)
Extension of time to file answering or reply documents. Any request for an
extension of time to file answering or reply documents pursuant to 22 NYCRR
1250.4 (a) (5) shall be made by motion, and shall be supported by an affidavit
demonstrating with particularity a reasonable excuse for the delay and an intent to
file the documents within a reasonable time.
(e)
Leave to File Amicus Curiae Brief. A motion for leave to file an amicus curiae
brief shall be made in accordance with 22 NYCRR 1250.4 (f), and only one copy
of the proposed brief shall be submitted with the motion. When permission to
submit an amicus curiae brief is granted, the person or entity to whom it is granted
shall file five hard copies and one digital copy of the brief with proof of service of
one hard copy on each party. A person or entity granted permission to appear
amicus curiae shall not be entitled to oral argument unless the Court directs
otherwise.
(f)
Poor person relief.
(1)
(2)
An affidavit in support of a motion for permission to proceed on appeal as
a poor person shall, in addition to the matters listed in 22 NYCRR 1250.4
(d), list
(a)
the movant’s assets with their value; and
(b)
the number of dependants the movant supports in the movant’s
present household.
A motion for permission to proceed on appeal as a poor person and for
assignment of counsel shall be served upon the County Attorney in the
county from which the appeal arises.
1000.5
1000.6
[Reserved]
[Reserved]
1000.7
Form and Content of Records and Appendices; Exhibits
-3(a)
Proof of filing and service of notice of appeal. All records and appendices shall
contain the notice of appeal with proof of service and filing.
(b)
Certification of Record or Appendix. Any dispute over a certification of the
record or appendix pursuant to 22 NYCRR 1250.7 (g) or the contents of a record
or appendix so certified shall be directed to the court from which the appeal is
taken.
(c)
Failure to list document. In a criminal matter, the failure of the parties to list in
the stipulation to the record on appeal any transcript, exhibit or other document
that constituted a part of the underlying prosecution shall not preclude the Court
from considering such transcript, exhibit, or other document in determining the
appeal.
(d)
Appendices - criminal appeals. Pursuant to 22 NYCRR 1250.7 (d) (3), in a
criminal matter, when permission to proceed as a poor person has been granted,
the appendix to be filed and served by the appellant shall contain, in the following
order: the description of the action required by CPLR 5531; a copy of the notice
of appeal with proof of service and filing; a copy of the certificate of conviction
and the judgment from which the appeal is taken; a copy of the indictment,
superior court information or other accusatory instrument; all motion papers,
affidavits and, to the extent practicable, written and photographic exhibits relevant
and necessary to the determination of the appeal; and the stipulation of the parties
or their attorneys to the complete record, the order settling the record, or the
certification of the record pursuant to 22 NYCRR 1250.7 (g). The appellant shall
also file a copy of any prior order entered by this Court or the trial court affecting
the appeal including, but not limited to, an order that: expedites the appeal; grants
permission to proceed on appeal as a poor person or on less than the required
number of records and briefs; assigns counsel; grants an extension of time to
perfect the appeal; grants a stay or injunctive relief; grants relief from dismissal of
the appeal; or grants permission to exceed page limitations.
1000.8
(a)
Form and Content of Briefs
Cover color. Except in those appeals in which permission to proceed as a poor
person has been granted, the cover of a hard copy brief of an appellant or
petitioner shall be blue; the cover of a hard copy brief of a respondent shall be red;
the cover of a hard copy reply brief shall be gray; the cover of a hard copy
surreply brief shall be yellow; and the cover of a hard copy brief of an intervenor
or amicus curiae shall be green. The cover of a hard copy pro se supplemental
-4brief in a criminal appeal shall be white, as shall the cover of a hard copy brief
submitted by an Attorney for the Child. Covers of electronically-filed briefs shall
likewise be colored to the extent practicable.
1000.9
Time, Number and Manner of Filing of Records, Appendices and
Briefs
(a)
Extension of time to perfect. A motion for an extension of time to perfect an
appeal pursuant to 22 NYCRR 1250.9 (b) shall be supported by an affidavit
demonstrating with particularity a reasonable excuse for the delay and an intent to
perfect the appeal within a reasonable time.
(b)
Extension of time to file brief. A stipulation to extend the time to file and serve a
responsive brief pursuant to 22 NYCRR 1250.9 (g) (1) shall be filed on or before
the date by which the brief was originally required to be filed. In no case shall the
parties stipulate to, or apply by letter for, an extension of time to file and serve a
responsive brief that would permit the filing and service of the brief within 30
days of the date upon which the matter is scheduled to be heard. A motion for an
extension of time to file and serve a responsive brief pursuant to 22 NYCRR
1250.9 (g) (2) shall be supported by an affidavit demonstrating with particularity a
reasonable excuse for the delay and an intent to file and serve the brief within a
reasonable time.
(c)
Digital copies. In matters not subject to electronic filing, digital copies of the
records, appendices and briefs filed pursuant to 22 NYCRR § 1250.9 (a), (c) and
(d) shall comply with the technical specifications for electronically filed
documents (Attachment A to 22 NYCRR Part 1245) and shall be filed and served
as directed by the Clerk of the court.
1000.10
[Reserved]
1000.11
Additional Rules Relating to Criminal Appeals
(a)
Poor Person Relief and Assigned Counsel; Continuation of eligibility for assigned
counsel on appeal. Relief pursuant to 22 NYCRR 1250.11 (a) (1) is contingent
upon receipt of a properly filed and served notice of appeal and a copy of the
order granting a defendant’s application pursuant to CPL 380.55.
(b)
Application for Withdrawal of Assigned Appellate Counsel. When counsel who
has been assigned to perfect an appeal on behalf of an indigent defendant
-5determines, after conferring with the defendant and trial counsel, that the appeal is
frivolous, counsel may move to be relieved of the assignment pursuant to 22
NYCRR 1250.11 (f) (2) (see People v Crawford, 71 AD2d 38). The motion must
be accompanied by a brief in which counsel states all points that may arguably
provide a basis for appeal, with references to the record and citation of legal
authorities. A copy of the brief, together with the motion, must be served upon the
defendant at least 45 days before the return date of the motion. Together with the
original motion papers and brief, counsel shall submit the papers that would
constitute the record on appeal. Counsel shall also submit a copy of a letter to the
defendant advising that he or she may elect to file a pro se response to the motion
and/or a pro se supplemental brief.
A defendant wishing to file a pro se response to such a motion and/or a pro se
supplemental brief shall file the original response and/or brief, together with proof
of service of one copy on assigned counsel and one copy on the People, by 4:00
p.m. on the business day preceding the day on which the motion is returnable,
unless, for good cause shown, they are permitted to be filed at a later time. Any
request for an extension to file such a response and/or pro se supplemental brief
must be made by motion and supported by an affidavit demonstrating with
particularity a reasonable excuse for the delay and an intent to file and serve the
response and/or brief within a reasonable time (see 22 NYCRR 1250.4 [a] [5]).
(c)
Pro se supplemental briefs where counsel does not seek to withdraw. When
assigned counsel does not move to be relieved as counsel and defendant has filed
a pro se supplemental brief pursuant to 22 NYCRR 1250.11 (g) (2), the People
may file and serve an original and five copies of a responding brief, with proof of
service of one copy on the defendant and assigned counsel, no later than 45 days
after defendant has served the pro se supplemental brief.
1000.12
(a)
Transferred Proceedings.
Original papers. A proceeding transferred to this Court pursuant to CPLR
7804 (g) shall be prosecuted upon the original papers, which shall include the
notice of petition or order to show cause and petition, answer, any other transcript
or document submitted to Supreme Court, the transcript of any proceedings at
Supreme Court, the order of transfer and any other order of Supreme Court. When
the proceeding has been transferred prior to the filing and service of an answer, a
respondent shall file and serve an answer within 25 days of filing and service of
the order of transfer. When a proceeding has been transferred to this Court
pursuant to Executive Law § 298, the State Division of Human Rights shall file
-6with the Clerk the record of the proceedings within 45 days of the date of entry of
the order of transfer.
(b)
Briefs, transcripts and oral argument. Upon receipt of the order of transfer and
other documents from the court from which the transfer has been made, the Clerk
shall issue a schedule for the filing and service of briefs, if any, the production of
necessary transcripts and the calendaring of the proceeding.
(1)
A petitioner shall file 5 hard copies and one digital copy of a brief, with
proof of service of one copy on each respondent, as set forth in the
scheduling order. If the brief is not timely filed and served, and no motion
to extend the time for filing and service is made, the proceeding shall be
deemed dismissed, without the necessity of an order.
(2)
A respondent shall file 5 hard copies and one digital copy of a brief, with
proof of service of one copy on each other party, as set forth in the
scheduling order.
1000.13
1000.14
[Reserved]
[Reserved]
1000.15
Calendar Preference or Adjournment; Calendar Notice; Oral
Argument; Post-Argument Submissions
(a)
Calendar preference or adjournment. A motion for a calendar preference pursuant
to 22 NYCRR 1250.15 (a) (2) shall be supported by an affidavit setting forth with
particularity the compelling circumstances justifying the calendar preference. A
motion to adjourn the calendaring of an appeal or proceeding shall be supported
by an affidavit setting forth with particularity the compelling circumstances
justifying an adjournment.
(b)
Scheduling Order. After an appeal is perfected or an original or transferred
proceeding is filed or received, the Clerk shall, where appropriate, issue a
scheduling order, which will specify the term of Court for which the matter has
been scheduled and set a deadline for the service and filing of respondents’ briefs
and reply briefs, if any. A party or a party’s attorney shall notify the Clerk in
writing within 15 days of the date that the scheduling order was mailed of
unavailability for oral argument on a specific date or on specific dates during the
term.
-7(c)
Calendar Notice.
The Clerk shall prepare calendars for each day of a Court
term by designating for argument or submission appeals or proceedings that have
been perfected or scheduled. A notice to appear for oral argument will be sent by
the Clerk to all parties or their attorneys not less than 20 days prior to the term.
Parties or counsel must appear as directed or submit on the brief.
(d)
Oral Argument.
(1)
A party or a party’s attorney who is scheduled to argue before the Court
shall sign in with the Clerk’s Office prior to 10:00 a.m. on the day of the
scheduled argument. When oral argument is scheduled to commence at a
time other than 10:00 a.m., a party or counsel shall sign in with the Clerk’s
Office prior to the time designated for the commencement of argument.
Not more than one person shall be heard on behalf of a party. In the event
that parties submit a joint brief, not more than one person shall be heard in
the matter. When a brief has not been filed on behalf of a party, no oral
argument shall be permitted except as otherwise ordered by this Court.
Requests for oral argument shall be made by indicating on the cover of the
brief the amount of time requested. The amount of time allowed shall be
within the discretion of the Court.
(2)
Unless otherwise provided by order of this Court, oral argument
shall not be permitted in the following cases:
(3)
(e)
(A)
an appeal from a judgment of conviction in a criminal case that
challenges only the legality or length of the sentence imposed;
(B)
an appeal from a determination pursuant to the Sex Offender
Registration Act;
(C)
a CPLR article 78 proceeding transferred to this Court in which the
sole issue is whether there is substantial evidence to support the
challenged determination; and
(D)
any other cause in which this Court, in its discretion, determines that
oral argument is not warranted.
The Court does not permit rebuttal.
Post-argument submissions. Any request for leave to file a post-argument
-8submission shall be made in writing within five business days of oral argument,
and shall be accompanied by a copy of the proposed submission.
1000.16
Orders
(a)
Service of order. The party prevailing in a cause shall serve a copy of the order
with notice of entry on all parties.
(b)
Posting of orders. Pursuant to 22 NYCRR 1250.16 (a), a copy of the order of this
Court determining a cause shall be posted on the Court's website. This rule does
not apply to motion orders.
1000.17
[Reserved]